Mitsubishi Motors Australia Ltd v Begovic

COURT OR TRIBUNAL

Supreme Court of Victoria

DATE FILED (OR FIRST HEARING DATE)

21/06/2019

LITIGATION TYPE

Corporate Accountability

SUBJECT MATTER

Misleading and deceptive conduct

REVIEW TYPE

N/A

SUMMARY

CONSUMER LAW – Decision of Victorian Civil and Administrative Tribunal – Application to appeal on questions of law – Sale of motor vehicle – Fuel Consumption Label attached to windscreen as required by law – Representations conveyed by label to reasonable consumer – Actual fuel consumption considered by consumer to be excessive – Whether label misleading or deceptive or likely to mislead or deceive – Whether breach of consumer guarantees – Whether breach of sale by description provisions – Appropriate remedies – Competition and Consumer Act 2010 (Cth) sch 2, ss 18, 54, 56, 243, 259, 260, 262, 263.

CONSUMER LAW – Misleading or deceptive conduct – Fuel consumption label affixed to new vehicle offered for sale – Affixing of label required by law – Label displayed fuel consumption figures derived from standard testing of vehicle type – Purchased vehicle unable to substantially achieve label figures under standard test – Whether vehicle manufacturer and dealer engaged in actionable ‘conduct’ – Presenting vehicle for sale with label affixed actionable conduct – Presenting vehicle for sale not required by law – Whether conduct in ‘trade or commerce’ – Presenting labelled goods for sale in ‘trade or commerce’ – Whether conduct conveyed representation as to fuel consumption of vehicle – Whether label conveyed particular representation that fuel consumption figures substantially replicable in purchased vehicle – Representation conveyed – Whether representation attributable to manufacturer and dealer – Representation attributable – Whether representation misleading or deceptive – Representation falsified by testing of purchased vehicle – Leave to appeal granted – Appeal dismissed. CONSTITUTIONAL LAW – Whether s 109 inconsistency between federal fuel consumption labelling rules and prohibition against misleading or deceptive conduct in state law – Fuel consumption rules contain no obligation to engage in misleading or deceptive conduct at issue – No inconsistency.

On 17 February 2023, the High Court granted special leave to hear an appeal of the decision. The appeal was successful.

CASE DOCUMENTS

Mitsubishi Motors Australia Ltd v Begovic [2021] VSC 252
Mitsubishi Motors Australia Pty Ltd Northpark Berwick Investments Pty Ltd v Begovic [2022] VSCA 155; 403 ALR 558
Special leave applications results 2023
Transcript of special leave application
Mitsubishi Motors Australia Ltd v Begovic [2023] HCA 43