Australian Competition & Consumer Commission v Signature Security Group Pty Limited [2003] FCA 375

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Signature Security Group Pty Limited [2003] FCA 375

TRADE PRACTICES – enforcement of s 87B undertakings – where s 87B undertaking restrains conduct that does not contravene the Trade Practices Act 1974 (Cth) Trade Practices Act 1974 (Cth) ss 52, 53, 53C, 87B ICI Australia Operations Pty Limited v Trade Practices Commission (1992) 38 FCR 248 cited re QIW Ltd (1995) 132 ALR 225 cited TPC v Cue Design Pty Ltd (1996) ATPR 41-475 cited ACCC v Monza Imports Pty Ltd [2001] FCA 1455 cited Hughes v Western Australian Cricket Association (1986) ATPR 40-748 ACCC v Goldy Motors Pty Limited (2001) ATPR 41-801 AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v SIGNATURE SECURITY GROUP PTY LIMITED N 194 OF 2001 STONE J 29 APRIL 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 194 OF 2001

BETWEEN: AUSTRALIAN COMPETITION & CONSUMER COMMISSION

APPLICANT

AND: SIGNATURE SECURITY GROUP PTY LIMITED

RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 29 APRIL 2003

WHERE MADE: SYDNEY

THE COURT DECLARES THAT:

1. The respondent, during the period January and February 2001, by representing that its security systems were available at specified prices which were exclusive of the goods and services tax ('GST') component, and which made no reference to the GST component payable has, in trade or commerce:

(a) engaged in conduct that was misleading or deceptive or likely to mislead or deceive in contravention of s 52 of the Trade Practices Act 1974 (Cth) ('Act'); and (b) in connection with the supply or possible supply of its security systems, or in connection with the promotion of the supply or use of its security systems, made false or misleading representations with respect to the price of its security systems in contravention of s 53(e) of the Act.