Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ascot Four Pty Ltd v Australian Competition & Consumer Commission [2009] FCAFC 61
TRADE PRACTICES – misleading and deceptive conduct – false or misleading representations about the price of jewellery items – dual pricing – publication and distribution of catalogues relating to jewellery sales – strike through price and sale price – meaning conveyed by representations in catalogue Held: appeal dismissed Trade Practices Act 1974 (Cth), s 75AZC(1)(g) Australian Competition & Consumer Commission v Allans Music Group Pty Ltd [2002] FCA 1552 distinguished Australian Competition and Consumer Commission v Carrerabenz Diamond Industries Pty Ltd [2008] FCA 1103 distinguished Australian Competition & Consumer Commission v Prouds Jewellers Pty Ltd [2008] FCAFC 199 distinguished Australian Competition & Consumer Commission v Prouds Jewellers Pty Ltd (2008) 75 IPR 306; [2008] FCA 75 distinguished Australian Competition and Consumer Commission (ACCC) v Terania Pty Ltd [2008] FCA 732 distinguished Ducret v Chaudhary's Oriental Carpet Palace Pty Ltd (1987) 16 FCR 562 distinguished MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53 applied Trade Practices Commission v Cue Design Pty Ltd and Cue & Co Pty Ltd (1996) 85 A Crim R 500 distinguished Miller, Russell V. Miller's Annotated Trade Practices Act (29th ed.). Sydney: Thomson Law Book Co, 2008 ASCOT FOUR PTY LTD v AUSTRALIAN COMPETITION & CONSUMER COMMISSION
SAD 141 of 2008
BLACK CJ, RYAN AND JAGOT JJ
26 MAY 2009
Sydney (Heard in ADELAIDE)
IN THE FEDERAL COURT OF AUSTRALIA
South AUSTRALIA DISTRICT REGISTRY SAD 141 of 2008
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ASCOT FOUR PTY LTD
Appellant
AND: AUSTRALIAN COMPETITION & CONSUMER COMMISSION
Respondent
JUDGE: BLACK CJ, RYAN AND JAGOT JJ
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