Australian Competition and Consumer Commission v Info4PC.com Pty Ltd (Deregistered) [2006] FCA 1534

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Info4PC.com Pty Ltd (Deregistered) [2006] FCA 1534 PROCEDURE – consent orders – whether within power of Court to make – whether appropriate

Federal Court of Australia 1976 (Cth) s 43(1) Federal Court Rules O 18 r 4, O 35 r 10 Australian Competition and Consumer Commission v Goldy Motors Pty Ltd [2000] FCA 1885 Australian Competition and Consumer Commission v Midland Brick Co Pty Ltd [2004] FCA 693 Australian Competition and Consumer Commission v Real Estate Institute of Western Australia (1999) 161 ALR 79 Australian Competition and Consumer Commission v Virgin Mobile Australia Pty Ltd (No 2) [2002] FCA 1548 Rural Press Limited v Australian Competition and Consumer Commission [2003] HCA 75 Thomson Australia Holdings Pty Ltd v Trade Practices Commission (1981) 148 CLR 150 Tobacco Institute of Australia Limited v Australian Federation of Consumer Organisations Inc (1993) 113 FCR 257 AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v INFO4PC.COM PTY LTD (ACN 094 149 149) (DEREGISTERED) and JAMES HAMILTON RAE S17 OF 2001

NICHOLSON J

16 NOVEMBER 2006

PERTH IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY S17 OF 2001

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: INFO4PC.COM PTY LTD

(ACN 094 149 149)

(DEREGISTERED)

First Respondent

JAMES HAMILTON RAE

Second Respondent

JUDGE: NICHOLSON J

DATE OF ORDER: 16 NOVEMBER 2006

WHERE MADE: PERTH

THE COURT ORDERS THAT:

The Minute of Consent Orders be accepted by the Court, such minute reading as follows: 'The Court makes: 1. A declaration that the Second Respondent, by reason of his involvement in the conduct set out in paragraphs 1.1, 1.2 and 1.3 below was directly or indirectly, knowingly concerned in, or party to, and is thereby within the meaning of sections 82 and 87 of the Trade Practices Act 1974 (Cth) ("the Act"), a person involved in each of the following contraventions of the Act by Info4PC.com Pty Ltd ("Info4PC"), namely: 1.1 in trade or commerce, advertising for supply new computers: 1.1.1 in The West Magazine (in the West Australian), 30 September 2000 at the price of $299.00; 1.1.2 in Australia PC World, November 2000, page 139 at the price of $299.00; and 1.1.3 on the website http://www.info4pc.com.au from 3 October 2000 until at least 31 January 2001 at the price of $299.00 and $499.00 when in fact there were reasonable grounds of which Info4PC was aware or ought reasonably to have been aware, for believing that it would not be able to offer those computers at the specified prices for a reasonable period in reasonable quantities having regard to the market for new computers in Australia, and having regard to the nature of the advertisements specified at paragraphs 1.1.1, 1.1.2 and 1.1.3, in contravention of section 56 of the Act; 1.2 in trade and commerce, accepting payments from 30 September 2000 until 14 December 2000 for computers, where at that time there were reasonable grounds of which Info4PC was aware or ought reasonably to have been aware, for believing that it would not be able to supply such computers within the 8 to 10 week period specified by Info4PC or otherwise within a reasonable time, in contravention of section 58 of the Act; and 1.3 in trade or commerce, representing from 3 October 2000 until 31 January 2001 on the website http://www.info4pc.com.au that computers would be delivered between 8 to 10 weeks of payment having cleared, when in fact there were no reasonable grounds for making such representation, in contravention of section 52 of the Act. 2. An order that the undertakings referred to in order 1 of the orders of this Honourable Court made on 21 March 2001 cease and the Second Respondent's passport be returned to him. 3. An order that the Second Respondent pay the Applicant's costs of these proceedings in the amount of $12,165.00.' Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.