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Australian Competition and Consumer Commission v Clarion Marketing Pty Ltd

The Federal Court of Australia has held that Clarion Marketing Australia Pty Ltd, a provider of premium mobile phone content, contravened the (CTH) Trade Practices Act 1974 ss 52 and 53(e) by causing the publication of 'scratch cards' aimed at...

Published Thu, Dec 10 2009 10:36 PM by Latest Cases

Filed under: trade practices, trade, commerce

Deckers Outdoor Corp Inc v Farley (No 5)

The Federal Court has found a Melbourne footwear manufacturer liable for additional and exemplary damages after engaging in misleading and deceptive conduct by continuing to distribute counterfeit Ugg boots in breach of the trade mark belonging to Deckers...

Published Thu, Nov 19 2009 12:08 AM by Latest Cases

Filed under: intellectual property, trade practices, trade, commerce, copyright

Avoca Consultants Pty Ltd v Millennium3 Financial Services Pty Ltd

The (CTH) Trade Practices Act 1974 s 52 was capable of applying to agreements authorising representatives of financial services providers. Representations arising from such agreements arose from conduct anterior to and separate from the provision of financial...

Published Thu, Aug 20 2009 1:28 AM by Latest Cases

Filed under: breach of contract, contract, trade, commerce, deceptive practices

BMW Australia Finance Ltd v Miller & Associates Insurance Broking Pty Ltd

The VSCA found that the respondent's conduct was misleading and deceptive as it led the appellant to believe that the loan it was making was for property insurance, and this was a cause of its decision to approve the loan. The court found that, had...

Published Thu, Jun 11 2009 1:52 AM by Latest Cases

Filed under: trade practices, trade, commerce, deceptive conduct, misleading conduct, representations

Toll Holdings Ltd v Australian Competition and Consumer Commission (ACCC)

The FCA refused to make declarations that undertakings made by Toll Holdings to the ACCC were not breached when a subsidiary formed a labour hire agreement with Asciano. The court rejected Toll's argument that the labour hire agreement did not constitute...

Published Thu, May 14 2009 6:26 PM by Latest Cases

Filed under: trade practices, trade, commerce

Ackers v Austcorp International Ltd

The FCA found the respondent liable for misleading and deceptive representations also alleged against its subsidiaries on the basis that two entities could contravene the (CTH) Trade Practices Act 1974 s 52 simultaneously. The mere fact that the parties'...

Published Thu, May 14 2009 2:17 AM by Latest Cases

Filed under: corporations, trade, commerce, deceptive practices, subsidiaries

Australian Competition and Consumer Commission (ACCC) v Channel Seven Brisbane Pty Ltd

The HCA ruled that the proper construction of the (CTH) Trade Practices Act 1974 (Act) s 65A did not protect the respondent from remedies imposed for misleading and deceptive representations. The court held that the exemption conferred by the Act s 65A...

Published Thu, Apr 30 2009 11:44 PM by Latest Cases

Filed under: trade, commerce, deceptive practices

Clambrake Pty Ltd v Tipperary Projects Pty Ltd (No 3)

The WASC ruled that an owner of a suite of commercial premises engaged in misleading and deceptive conduct by failing to explain that the fire sprinkler system in a building was not working. This was held to be the case even though the owner believed...

Published Thu, Mar 12 2009 10:05 AM by Latest Cases

Filed under: practice and procedure, leases, trade, commerce, deceptive conduct, misleading conduct, deceptive practices, rent, set off, tenancies

Whitaker v Paxad Pty Ltd

The WASC has found a real estate agent engaged in misleading and deceptive conduct by not alerting buyers to the fact that two rooms were affected by ground water problems. The real estate company argued that the buyers contributed to their own loss by...

Published Tue, Mar 3 2009 10:14 AM by Latest Cases

Filed under: trade, commerce, deceptive conduct, misleading conduct, real property, deceptive practices, purchase of property

Rosebanner Pty Limited v EnergyAustralia

The NSWSC dismissed the application for damages for trespass and breach of contract. The court held the electricity infrastructure was lawfully installed by the respondent's predecessor under the now repealed (NSW) Municipal Council of Sydney Electric...

Published Tue, Feb 24 2009 10:24 AM by Latest Cases

Filed under: trade, commerce, deceptive conduct, misleading conduct, trespass, resources, electricity infrastructure, binding agreement, energy

Street v Luna Park Sydney Pty Ltd

The New South Wales Supreme Court has dismissed proceedings brought against the operator of Luna Park by owners and occupiers of neighbouring properties. The owners and occupiers had argued that the operator had contravened the (NSW) Crown Lands Act 1989...

Published Wed, Feb 11 2009 10:26 AM by Latest Cases

Filed under: economic loss, trade, commerce, deceptive conduct, Crown land, misleading conduct, real property, plan of management

Australian Competition and Consumer Commission (ACCC) v Harris Scarfe Australia Pty Ltd

The Federal Court of Australia has found that retailer Harris Scarfe engaged in misleading and deceptive conduct in a 2006 sales catalogue. The catalogue contained pictures of goods not on sale in proximity to banner headings advertising percentage savings...

Published Mon, Feb 9 2009 9:14 AM by Latest Cases

Filed under: misleading, advertising, trade, commerce, corrective advertising, deceptive conduct, undertakings

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