Australian Competition & Consumer Commission v Abel Rent-a-Car Pty Ltd[1999] FCA 314

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Abel Rent-a-Car Pty Ltd

[1999] FCA 314

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v ABEL RENT-A-CAR LTD & ANOR

Q 34 OF 1999

DRUMMOND J

23 MARCH 1999

BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 34 OF 1999

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: ABEL RENT-A-CAR PTY LIMITED

(ACN 060 876 468)

First Respondent

STEVEN MARK CONN

Second Respondent

JUDGE: DRUMMOND J

DATE OF ORDER: 23 MARCH 1999

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. Unless otherwise earlier ordered the first respondent, by its officers, servants and agents or otherwise, within 45 days of today alter all its signage, including depot, billboard and vehicle signage:

(a) which includes the text specifying a price of $29 per day or any other price for rental of any vehicle, by adding beside that text the additional text prominently stating "plus mileage" or, alternatively, text prominently stating the number of kilometres included, without further charge, in that rental price;

(b) which includes text specifying a price of $29 per day or any other price for rental of any vehicle, and that price is not available for that vehicle each day of the week, by adding beside that text additional text prominently stating the days of the week for which that vehicle is available at that rental price;

(c) which includes the text specifying a price of $29 per day for trucks, by deleting the reference to trucks;

(d) which includes the text specifying free delivery by deleting reference to same;

(e) the first respondent have liberty to apply on notice to the applicant to extend the 45 day period referred to above.