Australian Competition & Consumer Commission v Signature Security Group Pty Limited [2003] FCA 3

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Signature Security Group Pty Limited [2003] FCA 3

TRADE PRACTICES – misleading and deceptive conduct by oral representations and advertisements in print and on radio – alleged misrepresentation as to price of goods in manner of stating the component of the price attributable to the goods and services tax (GST) - ACCC claim for declarations, injunctions and other relief including corrective advertising - purpose of corrective advertising to protect the public interest rather than to punish - whether any current misapprehension resulting from misleading advertising – appropriate test to determine breach of undertakings pursuant to s 87B of the Trade Practices Act 1974 (Cth) Trade Practices Act 1974 (Cth) ss 52, 53, 53C, 87B A New Tax System (Goods and Services Tax) Act 1999 (Cth) Australian Competition and Consumer Commission v Nationwide News Pty Ltd (1996) ATPR 41-519 followed Australian Competition & Consumer Commission v Dell Computer Pty Limited [2002] FCAFC 434 followed Brown v Jam Factory Pty Ltd (1981) 53 FLR 340 cited Taco Company of Australia Inc v Taco Bell Pty Limited (1982) 42 ALR 177 cited Equity Access Pty Ltd v Westpac Banking Corporation (1989) 16 IPR 431 cited St Luke's Health Insurance v Medical Benefits Fund of Australia Ltd (1995) ATPR 41-428 cited Minister for Health and Aged Care v Harrington Associates Ltd [2000] FCA 1723 cited Parkdale Custom Built Furniture Proprietary Limited v Puxu Proprietary Limited (1982) 149 CLR 191 followed Campomar Sociedad, Limitada v Nike International Limited (2000) 202 CLR 45 followed George Weston Foods Ltd v Goodman Fielder Ltd (2001) 49 IPR 553 cited Accounting Systems 2000 (Developments) Limited v CCH Australia Limited (1993) ATPR 41-269 cited Trade Practices Commission v Autoways Pty Limited (1990) ATPR 41–051 cited Australian Competition & Consumer Commission v On Clinic Aust Pty Ltd, Men Only Medical Clinic Pty Ltd & Potent-C Clinics (1996) 35 IPR 635 followed Janssen Pharmaceutical Pty Ltd v Pfizer Pty Ltd (1986) ATPR 40-654 cited Makita (Australia) Pty Ltd v Black and Decker (Australasia) Pty Ltd (1990) 12 ATPR 41-030 cited Australian Competition & Consumer Commission v Hungry Jack's Pty Ltd [1996] FCA 955 cited Trade Practices Commission v Optus Communications Pty Ltd (1996) 34 IPR 176 followed AUSTRALIAN COMPETITION & CONSUMER COMMISSION v SIGNATURE SECURITY GROUP PTY LIMITED N 194 OF 2001 STONE J 13 JANUARY 2003 SYDNEY