Australian Competition & Consumer Commission v IMB Group Pty Ltd (ACN 050 411 946) (in liq) [2002] FCA 402

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v

IMB Group Pty Ltd (ACN 050 411 946) (in liq) [2002] FCA 402

TRADE PRACTICES – exclusive dealing – whether the respondents had engaged in third line forcing – whether the offer of a "package deal" constitutes third line forcing – meaning of "services" – meaning of "artificially contrived arrangement" – meaning of "directly or indirectly" per s 47(6) the Trade Practices Act – participation in respondents' scheme dependent on purchase of an insurance policy INTERPRETATION – application of s 15 the Insurance Contracts Act 1984 (Cth) – whether an action for the contravention of ss 51AB and 52 the Trade Practices Act was barred by s 15 the Insurance Contracts Act – whether contract of insurance was "made the subject of relief under" the Trade Practices Act – meaning of "unconscionable" TRADE PRACTICES – unconscionable conduct – whether respondents had engaged in unconscionable conduct in contravention of s 51AB the Trade Practices Act – meaning of "unconscionable" – representations made for the purpose of inducing members of an Aboriginal community to enter into contracts of insurance sold by the respondents TRADE PRACTICES – misleading and deceptive conduct – whether representations made by respondents were misleading or deceptive – regard to be had to the class of persons to whom the conduct was directed – whether representations made as to future matters were not reasonably grounded – whether representations made as to future matters were not qualified or sufficiently qualified – whether misleading conduct designed to induce the opening of negotiations to purchase goods rather than the final purchase itself contravenes s 52 the Trade Practices Act – whether there was any reasonable prospect of the respondents being able to fund construction of the club and associated facilities as described by the respondents TRADE PRACTICES – misleading and deceptive conduct – liability of non–corporate respondents associated with the wrongful activities of the corporate respondents