Australian Competition and Consumer Commission v Harvey Norman Holdings Limited

The Australian Competition and Consumer Commission (ACCC) filed a case against Harvey Norman Holdings Limited (HNHL) for alleged misleading and deceptive conduct under the Trade Practices Act 1974 (Cth) and the Australian Consumer Law. The ACCC claimed that HNHL misled consumers through its advertising of 3D-enabled televisions and through its catalogues and website. HNHL admitted to the allegations and both parties submitted joint consent orders to the Court.

The primary legal issues before the Court were whether HNHL had engaged in misleading and deceptive conduct and, if so, what orders should be made against HNHL. The Court found that HNHL had indeed engaged in misleading and deceptive conduct by representing that the 3D-enabled televisions could be used to watch certain broadcasts in 3D format outside the cities where such broadcasts were available. The Court also considered various factors in determining the appropriate penalty, including HNHL's cooperation with the ACCC, its contrition, and its previous history of similar conduct.

The Court accepted the joint submissions of the parties and the agreed penalty of $1.25 million. The Court made orders for HNHL to publish corrective notices in newspapers and on its website, to refrain from similar conduct in the future, and to pay costs. The Court found that the proposed penalty and other orders were appropriate given the circumstances of the case.