Australian Competition & Consumer Commission v Goldy Motors Pty Ltd [2000] FCA 1885

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Goldy Motors Pty Ltd

[2000] FCA 1885

TRADE PRACTICES – representations about opportunity to purchase motor vehicles free of Goods and Services Tax – representation that no finance application would be refused – obscure qualification in small print concerning prior approval of purchasers to whom finance would be granted – whether the representations concerned "the existence, exclusion or effect of any condition, warranty, guarantee, right or remedy" [s 53(g) of the Trade Practices Act].

PRACTICE AND PROCEDURE – costs – negotiations between applicant and respondent concerning terms of undertaking to be given by respondent to applicant and appropriate remedial steps to be taken by respondent – applicant fixed deadline for negotiations to be completed – respondent requested extensions of deadline – applicant granted two such extensions but matter not resolved – proceedings instituted – matter settled on basis that respondent admitted contravening s 52 and s 53(e) of the Trade Practices Act, but not s 53(g) – some of the remedial steps originally sought by the applicant were not included in the terms of settlement – respondent consented to declarations to the effect that it had contravened s 52 and s 53(e), but contended that its conduct should not be the subject of declarations that it had contravened s 53(g), if it were found to have done so – whether as a matter of discretion such additional declarations should be made – appropriate costs order.

A New Tax System (Goods & Services Tax) Act 1999 (Cth)

Trade Practices Act 1974 (Cth), ss 52(1), 53(e), (g)

Henderson v Pioneer Homes Pty Ltd (1980) ATPR 40-159 applied

Forster v Jododex Pty Ltd (1972) 127 CLR 421 applied

Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 applied