ACCC v Apollo Optical (Aust) Pty Ltd [2001] FCA 1456

FEDERAL COURT OF AUSTRALIA

ACCC v Apollo Optical (Aust) Pty Ltd [2001] FCA 1456

TRADE PRACTICES – applicant claimed declaratory, injunctive and other relief in respect of alleged contraventions by respondent of s 65C(1)(a) of the Trade Practices Act – evidence that respondent co-operated fully in relation to contravention when informed of it – respondent at all times willing to give statutory undertaking under s 87B – parties reached settlement – application for final orders by consent – those orders included an order that the respondent pay the applicant's costs – whether appropriate for Court to refuse to make orders or refuse to make costs order on the basis that the respondent was always willing to give statutory undertaking and do everything necessary to rectify the consequences of its contravention – whether appropriate to make findings of fact for the purposes of s 83 of the Act.

Trade Practices Act 1974 (Cth), ss 65C(1)(a), 83

Trade Practices Commission v Cue Design Pty Ltd (1996) ATPR 41-475 referred to Australian Competition and Consumer Commission v Monza Imports Pty Ltd [2001] FCA 1455 referred to AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v APOLLO OPTICAL (AUST) PTY LTD W 278 of 2001 CARR J 17 OCTOBER 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 278 OF 2001

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: APOLLO OPTICAL (AUST) PTY LIMITED

(ACN 069 019 825)

Respondent

JUDGE: CARR J

DATE OF ORDER: 17 OCTOBER 2001

WHERE MADE: PERTH

BY CONSENT THE COURT DECLARES AND ORDERS THAT:

1. The respondent has breached s 65C(1)(a) of the Trade Practices Act 1974 ("the Act") by having supplied fashion spectacles designated "CAB 55 002", ("the Spectacles") in trade or commerce which were intended to be used or were likely to be used by consumers but which did not comply with the consumer product safety standard in respect thereof.