Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Terania Pty Ltd [2008] FCA 732
TRADE PRACTICES – misleading and deceptive conduct – dual price tags – where the "was" price has no factual foundation – significance
Trade Practices Act 1974 (Cth) s 52 Thomson Australian Holdings Pty Ltd v Trade Practices Commission (1981) 148 CLR 150 cited Australian Competition and Consumer Commission v Real Estate Institute of Western Australia Inc (1999) 161 ALR 79 cited Trade Practices Commission v Cue Design Pty Ltd (1996) ATPR 41-475 applied Australian Competition and Consumer Commission v Telstra Corporation Ltd (2004) 208 ALR 459 discussed Petty v Penfold Wines Pty Ltd (1994) 49 FCR 282 cited Telstra Corporation Ltd v Optus Communications Pty Ltd (1997) ATPR 41-541 cited Australian Consumer and Competition Commission v 4WD Systems Pty Ltd (2003) 200 ALR 491 cited AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v TERANIA PTY LTD (ACN 054 575 692) and AUSTRALIAN RUG EXPOS PTY LTD (ACN 111 808 952)
NTD 7 of 2007
MANSFIELD J
22 MAY 2008
ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT REGISTRY NTD 7 of 2007
BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
Applicant
AND: TERANIA PTY LTD (ACN 054 575 692)
First Respondent
AUSTRALIAN RUG EXPOS PTY LTD (ACN 111 808 952)
Second Respondent
JUDGE: MANSFIELD J
DATE OF ORDER: 22 MAY 2008
WHERE MADE: ADELAIDE
THE COURT NOTES THAT an undertaking has been given in writing by Barry Solomon to the applicant to
(a) attend a Trade Practices Compliance Program seminar relating to the provisions of Part V of the Trade Practices Act 1974 (Cth) conducted by an independent external professional with trade practice law experience, acceptable to the applicant; and
(b) within one week of attending the seminar, notify the applicant of his attendance.
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