Australian Competition & Consumer Commission v Able Rent-A-Car Pty Ltd [2000] FCA 479

FEDERAL COURT OF AUSTRALIA

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

[2000] FCA 479

CONTEMPT OF COURT - respondents' failure to carry out the orders of the Court - no or no adequate steps taken by director of company to comply with Court orders - director a guilty party with the company - failure to alter signs as required by Court order - whether or not the respondents allowed (whether inadvertent or not) public access to their web pages in contempt of Court orders

Windsurfing International Inc v Sailboards Australia Pty Ltd (1986) 19 FCR 110 referred to Australian Competition and Consumer Commission v Goldstar Corporation Pty Ltd [1998] FCA 1440 referred to The University of New South Wales v Moorhouse (1975) 133 CLR 1 referred to AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v ABEL RENT-A-CAR PTY LIMITED ACN 060 876 468 AND STEVEN MARK CONN Q 34 OF 1999 DRUMMOND J 12 APRIL 2000 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: 12 APRIL 2000

WHERE MADE: BRISBANE

THE COURT DECLARES THAT:

1. The first respondent has committed the following contempts of court:

(A) It, by 11 June 1999, had not altered its signage, which included 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) It, by 11 June 1999, had not altered its billboard signage at its depot in Cairns, which signage specified a price of $29 per day for rental of trucks, by deleting the reference to trucks.