Australian Competition & Consumer Commission v Thorn Australia Pty Ltd (ACN 008 454 439) [2004] FCA 157

FEDERAL COURT OF AUSTRALIA Australian Competition & Consumer Commission v Thorn Australia Pty Ltd (ACN 008 454 439) [2004] FCA 157 TRADE PRACTICES - advertising of rental appliances – misleading or deceptive conduct in advertising – failure to adequately disclose terms and conditions of rental contracts – proposed consent orders – whether within power or appropriate – whether contravention of s 53C – advertisements for rental of home appliances – statements of periodic rent – whether advertisements required to disclose total rental for period. Trade Practices Act 1974 (Cth) s 52, s 53C Australian Competition and Consumer Commission v Real Estate Institute of Western Australia (1999) 161 ALR 79 cited Australian Competition and Consumer Commission v Virgin Mobile Australia Pty Ltd (No 2) [2002] FCA 1548 cited Australian Competition and Consumer Commission v Target Ltd [2001] FCA 1326 cited Cassidy & Anor v Medical Benefits Fund of Australia (No 2) [2002] FCA 1097 cited Queensland Aggregates Pty Ltd v Trade Practices Commission (1981) 38 ALR 217 cited Trade Practices Commission v Autoways Pty ltd (1990) ATPR 41-051 Australian Competition and Consumer Commission v Del Computer Pty Ltd [2002] FCAFC 434 cited Australian Competition and Consumer Commission v Signature Security Group Pty Ltd [2003] FCA 3 cited AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v THORN AUSTRALIA PTY LTD (ACN 008 454 439) W112 OF 2003

FRENCH J 27 FEBRUARY 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 112 OF 2003

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: THORN AUSTRALIA PTY LTD

(ACN 008 454 439)

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 27 FEBRUARY 2004

WHERE MADE: PERTH