Australian Competition and Consumer Commission v Prouds Jewellers Pty Ltd ACN 073 053 273 [2008] FCAFC 199

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Prouds Jewellers Pty Ltd ACN 073 053 273 [2008] FCAFC 199 TRADE PRACTICES – misleading and deceptive conduct – statement of "Was/Now" prices in catalogue of mass-produced jewellery – whether statement misleadingly suggested that a consumer would "save" the difference between the "Was" price and the "Now" price by purchasing the relevant item during the period stipulated in the catalogue – whether statement of "Was" price misleadingly suggested the "usual" price at which the item would have been purchased before the catalogue period – whether statement of "Was" price misleadingly suggested that a particular item had been sold at that price before the catalogue period – whether statement of "Was" price misleadingly suggested that a particular item had been offered for sale at that price before the catalogue period – who comprised the subclass of prospective purchasers by reference to which the allegedly misleading or deceptive effect of the representations should be tested. COSTS – trial judge awarding partly successful applicant 70% of its costs – discretionary nature of jurisdiction to order costs at first instance – principles governing appellate review of exercise of the discretion. Trade Practices Act 1974 (Cth) ss 52 and 53(e) Campomar Sociedad, Limitada v Nike International Ltd (2000) 202 CLR 45 Domain Names Australia Pty Ltd v .au Domain Administration Ltd (2004) 139 FCR 215 ACCC v Allans Music Group Pty Ltd [2002] FCA 1552 Commissioner of Competition v Sears Canada Inc (2005) 37 CPR (4th) 65, Trade Practices Commission v Cue Design Pty Ltd (1996) 85 A Crim R 500; (1996) ATPR 41-475 Walker, Commissioner for Fair Trading v Rugs a Million Pty Ltd [2006] WASC 127 Taco Co of Australia v Taco Bell Pty Ltd (1982) 42 ALR 177 National Exchange Pty Ltd v Australian Securities and Investment Commission (2004) 49 ACSR 369 ACCC v Ascot Four Pty Ltd [2008] FCA 1295 ACCC v Carrerabenz Diamond Industries Pty Ltd (2008) ATPR 42-248 Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) ATPR 40-307 Lego Australia Pty Ltd v Paul's (Merchants) Pty Ltd (1982) ATPR 40-275 ACCC v Terania Pty Ltd [2008] FCA 732 Ducret v Chaudhary's Oriental Carpet Palace Pty Ltd (1987) 16 FCR 562 Queensland Wire Industries Pty Ltd v Broken Hill Proprietary Co Ltd (1987) 17 FCR 211 AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v PROUDS JEWELLERS PTY LTD ACN 073 053 273