Australian Competition & Consumer Commission v Capalaba Pty Ltd (ACN 008 968 303) & Others [2003] FCA 1226

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Capalaba Pty Ltd (ACN 008 968 303) & Others [2003] FCA 1226 TRADE PRACTICES – unconscionable conduct – undue harassment – accessorial liability – whether respondents aided and abetted or were knowingly concerned in and party to contraventions under the Trade Practices Act 1974 (Cth) – whether inconsistency between Fair Trading Act 1987 (WA) and Trade Practices Act 1974 (Cth) – seizure of motor vehicle subject to a chattel mortgage – where respondents entered consumer's property without his consent to effect seizure of the motor vehicle – where respondents made repeated attendances at the consumer's residence – where respondents used physical force in connection with the supply of goods and services to the consumer – where the notice of demand for delivery up conveyed an understanding that seizure of the motor vehicle could not lawfully occur without a court order – consent orders – principles governing grant of consent orders Australian Securities and Investments Commission 2001 (Cth) ss 12CB, 12DJ Fair Trading Act 1987 (WA) s 23 Judiciary Act 1903 (Cth) s 78B Trade Practices Act 1974 (Cth) ss 51AB, 60, 75(1), 75B, 84(2) Commonwealth of Australia Constitution Act 1901 s 109

ACCC v McCaskey (2000) 183 ALR 159 applied Ex parte McLean (1930) 43 CLR 472 cited Glennan v Federal Commissioner of Taxation (2003) 198 ALR 250 cited Grace Bros Pty Ltd v Magistrates, Local Courts of New South Wales (1988) 84 ALR 492 cited Mallan v Lee (1949) 80 CLR 198 cited Miller v Miller (1978) 141 CLR 269 cited PSL Industries Ltd v Simplot Australia Pty Ltd (2003) 174 FLR 111 cited Re: Finlayson; Ex parte Finlayson (1997) 72 ALJR 73 cited Yorke v Lucas (1985) 158 CLR 661 cited

AUSTRALIAN COMPETITION & CONSUMER COMMISSION v CAPALABA PTY LTD (ACN 008 968 303), NEIL ROBERT URQUHART, DAVID JOHN NAIRN, BARRY JAMES McCARTHY W111 OF 2001