Thomson Geer acts for Mitsubishi Motors in successful High Court appeal

December 21, 2023

Thomson Geer has acted for Mitsubishi Motors Australia Limited in the High Court of Australia in Mitsubishi Motors' successful appeal against claims it had engaged in misleading or deceptive conduct in relation to the contents of a mandatory fuel consumption label affixed to a Triton utility vehicle.  

The respondent in the appeal, motorist Zelko Begovic, had alleged that the label was misleading or deceptive in breach of section 18 of the Australian Consumer Law because the Triton's fuel consumption exceeded the values listed on the label.  

The case began in the Victorian Civil and Administrative Tribunal (VCAT), which found the label was misleading or deceptive.  The Supreme Court of Victoria and Court of Appeal upheld VCAT's ruling.

Mitsubishi Motors appealed to the High Court, arguing that it could not have breached the ACL because the form and contents of the label were prescribed by law.  

The High Court unanimously agreed with Mitsubishi Motors, allowing the appeal and dismissing the original VCAT application.

The Thomson Geer team was led by Partner Stephen Voss, supported by Partner George Lukic and Senior Associate Viki Sanderson.

Thomson Geer instructed barristers Bret Walker, SC and Ben Gibson to appear before the High Court.

Thomson Geer is also acting for Mitsubishi in a class action relating to the Triton fuel efficiency labels.

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