Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition & Consumer Commission v StoresOnline International Inc (No. 2) [2010] FCA 418 Citation: Australian Competition & Consumer Commission v StoresOnline International Inc (No. 2) [2010] FCA 418
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v STORESONLINE INTERNATIONAL INC and STORESONLINE INC
File number: NSD 1991 of 2007
Judge: EDMONDS J
Date of judgment: 5 May 2010
Catchwords: TRADE PRACTICES – consumer protection – s 52 Trade Practices Act 1974 (Cth) – whether representations by the respondents were misleading or deceptive or likely to mislead or deceive – s 53(e) Trade Practices Act 1974 (Cth) – whether representations by the respondents were false or misleading with respect to the price of goods or services – whether the respondents falsely represented that the goods and services supplied were offered at varied prices depending upon the time and circumstance in which the goods and services were acquired. HELD: that the representations were misleading or deceptive or likely to mislead or deceive in contravention of s 52 of the Trade Practices Act 1974 (Cth); that the respondents' conduct in making them also contravened s 53(e) of that Act.
Legislation: Trade Practices Act 1974 (Cth) ss 52, 53(e) Federal Court of Australia Act 1976 (Cth) s 21
Cases cited: Ascot Four Pty Ltd v Australian Competition & Consumer Commission (2009) 176 FCR 106 Australian Competition & Consumer Commission v Chen (2003) 132 FCR 309 Australian Competition & Consumer Commission v Goldy Motors Pty Ltd [2001] ATPR 41-801 Australian Competition & Consumer Commission v Pacific Dunlop Ltd [2001] ATPR 41-823 Australian Competition & Consumer Commission v Prouds Jewellers Pty Ltd [2008] ATPR 42-217 Australian Competition & Consumer Commission v Prouds Jewellers Pty Ltd [2008] ATPR 42-268 Australian Competition & Consumer Commission v Real Estate Institute of Western Australia Inc (1999) 95 FCR 114 Australian Competition & Consumer Commission v Target Australia Pty Ltd [2001]ATPR 41-840 Australian Machinery & Investment Co Ltd v Deputy Commissioner of Taxation (1946) 180 CLR 9 Lovell & Christmas Ltd v Commissioner of Taxes [1908] AC 46 Tobacco Institute of Australia Ltd v Australian Federation of Consumer Organisations Inc (No 2) (1993) 41 FCR 89
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