Australian Competition & Consumer Commission v Redmond Holdings Pty Ltd [2003] FCA 98

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Redmond Holdings Pty Ltd [2003] FCA 98 Trade Practices Act 1974 (Cth)

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v REDMOND HOLDINGS PTY LTD (FORMERLY KNOWN AS FURNITURE DIRECT PTY LTD) TOOWOOMBA FURNITURE & ELECTRICAL PTY LTD (IN LIQUIDATION) (FORMERLY KNOWN AS FURNELECT PTY LTD) and MONTY KHOURY

Q 279 of 2001

KIEFEL J

BRISBANE

18 FEBRUARY 2003

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q279 OF 2001

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: REDMOND HOLDINGS PTY LTD (FORMERLY KNOWN AS FURNITURE DIRECT PTY LTD) ACN 095 077 035

FIRST RESPONDENT

TOOWOOMBA FURNITURE & ELECTRICAL PTY LTD (IN LIQUIDATION) (FORMERLY KNOWN AS FURNELECT PTY LTD) ACN 095 979 874

SECOND RESPONDENT

MONTY KHOURY

THIRD RESPONDENT

JUDGE: KIEFEL J

DATE OF ORDER: 18 FEBRUARY 2003

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. By representing in trade or commerce between February 2001 and April 2001 by way of advertisements that the items of furniture it offered for sale were available at a price of "store cost plus one dollar", when the sale prices in fact substantially exceeded the amounts which it paid for the items, the first respondent has contravened sections 52 and 53( e) of the Act.

2. By representing in trade or commerce between late March 2001 and April 2001 by way of advertisements that the items of furniture offered for sale by the second respondent were available at a price of "store cost plus one dollar", when the sale prices in fact substantially exceeded the amounts which the second respondent paid for the items, the first respondent has contravened sections 52 and 53(e) of the Act.