Australian Competition & Consumer Commission v Davis & Others [2003] FCA 1227

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Davis & Others [2003] FCA 1227 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 had reasonable cause to apprehend a physical confrontation with consumer – where respondents use of physical force went beyond self defence

Australian Securities and Investments Commission 2001 (Cth) ss 12CB, 12DJ Fair Trading Act 1987 (WA) ss 23, 74 Judiciary Act 1903 (Cth) s 78B Trade Practices Act 1974 (Cth) ss 51AB, 60, 75(1), 75B, 80 Commonwealth of Australia Constitution Act 1901 s 109 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 Hamilton v Whitehead (1988) 166CLR 121 cited Hurley v McDonald's Australia Ltd (2000) 22 ATPR 41-741 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 WAYNE HINA DAVIS, ANTHONY TERENCE MATTHEWS, EDWARD DAVIS W111 OF 2001

LEE J 7 NOVEMBER 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W111 OF 2001

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION