ACCC v Purple Harmony Plates Pty Limited [2001] FCA 1062

FEDERAL COURT OF AUSTRALIA

ACCC v Purple Harmony Plates Pty Limited [2001] FCA 1062

TRADE PRACTICES – misleading and deceptive conduct – representations as to future matters – statements that products would have health and other benefits – onus on corporation to produce evidence of reasonable grounds for making representations.

TRADE PRACTICES – remedies – injunctive relief – corrective advertising – corrective statement on website – corrective letters to purchasers of products – offer to refund purchase money for products.

CONSTITUTIONAL LAW – whether Trade Practices Act 1974 (Cth) invalid – whether Governors‑General not properly appointed – whether respondents subject to jurisdiction of Court – whether respondents had seceded from Commonwealth of Australia.

Trade Practices Act 1974 (Cth) – ss 51A, 52, 80, 80A

Constitution (Cth) – s 123

Joose v Australian Securities & Investment Commission (1998) 73 ALJR 232 referred to

Helljay Investments Pty Ltd v Deputy Commissioner of Taxation (1999) 166 ALR 302 referred to

Deputy Commissioner of Taxation v Levick (1999) 168 ALR 383 referred to

Australian Competition and Consumer Commission v Real Estate Institute of Western Australia Inc (1999) 95 FCR 114 referred to AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v PURPLE HARMONY PLATES PTY LIMITED V 866 of 2000 GOLDBERG J 6 AUGUST 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 866 of 2000

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: PURPLE HARMONY PLATES PTY LIMITED

(ACN 077 965 587)

First Respondent

NEAL ARTHUR LYSTER

Second Respondent

HELEN THERESE GLOVER

Third Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 6 AUGUST 2001