Australian Competition & Consumer Commission v Dell Computer Pty Limited [2002] FCAFC 434

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Dell Computer Pty Limited [2002] FCAFC 434

TRADE PRACTICES – Trade Practices Act 1974 (Cth) s 53(e) – whether false or misleading representations with respect to price – nature of obligation undertaken by vendor – whether goods sold were delivered goods – payment of delivery charge compulsory – whether delivery charge part of price TRADE PRACTICES - Trade Practices Act 1974 (Cth) s 53C – whether failure to specify cash price – whether necessary to give single figure price - compulsory delivery fee not included in figure given prominence in advertisement WORDS & PHRASES – "price", "specify"

Trade Practices Act 1974 (Cth) ss 4, 53(e), 53C Trade Practices Revision Bill 1986 (Cth)

Castlemaine Tooheys Limited v Williams and Hodgson Transport Proprietary Limited (1986) 162 CLR 395 referred to Trade Practices Commission v Autoways Pty Limited (1990) ATPR 41-051 referred to Macquarie Dictionary, 2nd edition AUSTRALIAN COMPETITION & CONSUMER COMMISSION v DELL COMPUTER PTY LIMITED (ACN 003 855 561) N 735 of 2002 BRANSON, EMMETT & STONE JJ 20 DECEMBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 735 of 2002

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: AUSTRALIAN COMPETITION & CONSUMER COMMISSION

APPELLANT

AND: DELL COMPUTER PTY LIMITED (ACN 003 855 561)

RESPONDENT

BETWEEN: DELL COMPUTER PTY LIMITED

CROSS-APPELLANT

AND: AUSTRALIAN COMPETITION & CONSUMER COMMISSION

CROSS-RESPONDENT

JUDGES: BRANSON, EMMETT & STONE JJ

DATE: 20 DECEMBER 2002

PLACE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be stood over to a date to be fixed for the purpose of making orders, including an order or orders as to costs; 2. The parties to provide to the Associate of Branson J by 12 February 2003 an agreed minute of the orders to be made (including the order or orders to be made as to costs) and if agreement has not by then been reached, the minutes of order for which they will respectively contend and brief outlines of submissions in support of the orders.