Corporation of the City of Adelaide v Adelaide City Fines Pty Ltd [2009] FCA 132

FEDERAL COURT OF AUSTRALIA

Corporation of the City of Adelaide v Adelaide City Fines Pty Ltd [2009] FCA 132

TRADE PRACTICES – misleading and deceptive conduct – applicant has established reputation as enforcer of parking restrictions in some open car parks and in on-street parking and established reputation for its style of documentation – respondent runs privately operated car parks and issues notices to defaulting parkers based on contractual claims – comparison of get-ups of notices issued to defaulting parkers – whether recipients of respondents' notices likely to be misled or deceived into thinking that the respondents' notices were issued or authorised by the applicant; that the respondents are otherwise associated with the applicant; that the notices were issued for the recovery of a fine, expiation fee or other penalty imposed by law; that the respondents were authorised by law to recover a fine, expiation fee or other penalty imposed by law; or that the notices were not in respect of an alleged contractual debt.

Held: Each of the respondents' notices represented to a significant and reasonable class of consumers that it was issued or authorised by the applicant; or that the respondents were somehow associated with the applicant so as to give the notices an "official" character and so as to represent a fine or penalty imposed by law – each of the respondents' notices represented that the demand it contained did not relate only to a contractual debt – each of the notices misleading or deceptive – declaratory and injunctive relief

Trade Practices Act 1974 (Cth) ss 52, 86 Evidence Act 1995 (Cth) ss 69, 135, 147, 163A Federal Court of Australia Act 1976 (Cth) s 21 Local Government Act 1999 (SA) Expiation of Offences Act 1996 (SA) Private Parking Areas Act 1986 (SA) Motor Vehicles Act 1959 (SA) Magistrates Court (Civil) Rules 1992 (SA) R 20A