Australian Competition and Consumer Commission v BMW (Australia) Ltd (No 2)

The Australian Competition and Consumer Commission brought proceedings against BMW (Australia) Ltd in the Federal Court of Australia, challenging the company's pricing practices. The Commission alleged that BMW engaged in misleading conduct by charging different prices for the same vehicle in different parts of the country. The case was heard by Justice Marshall who issued orders in favour of the Commission. BMW appealed against these orders to the Full Court of the Federal Court.

The primary legal issue before the Full Court was whether the orders made by Justice Marshall were appropriate in the circumstances. The court needed to determine whether the Commission's claims were substantiated and whether the orders were an adequate remedy for the alleged misleading conduct. The Full Court also needed to consider whether the execution of certain orders should be stayed pending the determination of the appeal.

The Full Court found that the orders made by Justice Marshall were appropriate in light of the evidence presented. The court found that BMW had indeed engaged in misleading conduct by charging different prices for the same vehicle in different parts of the country. The Full Court held that the orders were an adequate remedy for this conduct and that the Commission's claims were substantiated. However, the Full Court also found that the execution of certain orders should be stayed pending the determination of the appeal. The court held that the interests of justice required that the execution of orders 3, 4 and 5 be stayed until the appeal was determined.