Australian Competition & Consumer Commission v Michigan Group Pty Ltd (ACN 065 378 029) [2002] FCA 1627

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Michigan Group Pty Ltd (ACN 065 378 029) [2002] FCA 1627 AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v MICHIGAN GROUP PTY LTD (ACN 065 378 029), RODNEY MONTAGUE LASKI, CHARLES CAMERON, IMOBILIARE PTY LTD (ACN 063 501 208), PETER SEMOS, GEORGE SEMOS, DARYL FRANCIS DOHERTY, YEPPOON PTY LTD (ACN 081 944 112), LINDA CAROL MORETTO AND PROSPERO FRANZESE Q 105 OF 2000 DOWSETT J 20 DECEMBER 2002 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 105 OF 2000

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: MICHIGAN GROUP PTY LTD (ACN 065 378 029)

FIRST RESPONDENT

RODNEY MONTAGUE LASKI

SECOND RESPONDENT

CHARLES CAMERON

THIRD RESPONDENT

IMOBILIARE PTY LTD (ACN 063 501 208)

FOURTH RESPONDENT

PETER SEMOS

FIFTH RESPONDENT

GEORGE SEMOS

SIXTH RESPONDENT

DARYL FRANCIS DOHERTY

SEVENTH RESPONDENT

YEPPOON PTY LTD (ACN 081 944 112)

EIGHTH RESPONDENT

LINDA CAROL MORETTO

NINTH RESPONDENT

PROSPERO FRANZESE

TENTH RESPONDENT

JUDGE: DOWSETT J

DATE OF ORDER: 20 DECEMBER 2002

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The second respondent be restrained by his servants, agents or otherwise howsoever, in connection with the sale to any person of, or other investment by any person in orange juicing machines or other dispensing machines to be located at retail outlets (the "machines"), or rights, licences, products or equipment associated with such machines, from making representations involving the use of postal, telegraphic or telephone services, or being knowingly concerned in a corporation making representations to the effect that: (a) the second respondent or any corporation has any agreement, contract or arrangement with any other person (including but not limited to supermarket chains, fruit and vegetable stores or other retailers), for the use by that other person of the machines; or (b) the second respondent or any corporation will have, expects to have, or is likely to obtain or procure any agreement, contract or arrangement with any other person (including but not limited to supermarket chains, fruit and vegetables stores or other retailers), for or relating to the use by that other person of the machines; unless at the time of making any such representations: (i) in relation to par 1(a), there exists such an agreement, contract or arrangement; or, (ii) in relation to par 1(b), there exists to the second respondent's knowledge reasonable grounds for making the representation. 2. The second respondent be restrained by his servants, agents or otherwise howsoever, in connection with the sale to any person of, or other investment by any person in orange juicing machines or other dispensing machines to be located at retail outlets (the "machines") or rights, licences, products or equipment associated with such machines, from making representations involving the use of postal, telegraphic or telephonic services, or being knowingly concerned in a corporation making representations to the effect that: (a) the machines are already being used by any other person (including but not limited to supermarket chains, fruit and vegetable stores or other retailers); or (b) the machines will be used by any other person (including but not limited to supermarket chains, fruit and vegetable stores or other retailers); or (c) specified levels of sales, turnover or profits are being made by or in connection with the use of the machines; or (d) specified levels of sales, turnover or profits will be able to be made by or in connection with the use of the machines; or (e) the investment made will or can be recovered within a certain time; unless, at the time of making any such representations: (i) in relation to pars 2(a), 2(c) and 2(e), those matters are true; or (ii) in relation to pars 2(b) and 2(d), there exists, to the second respondent's knowledge, reasonable grounds for making the representation.