Australian Competition and Consumer Commission v Lux Distributors Pty Ltd [2013] FCA 47

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Lux Distributors Pty Ltd [2013] FCA 47 Citation: Australian Competition and Consumer Commission v Lux Distributors Pty Ltd [2013] FCA 47

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v LUX DISTRIBUTORS PTY LTD

File number: VID 354 of 2012

Judge: JESSUP J

Date of judgment: 8 February 2013

Catchwords: TRADE PRACTICES – proceeding by Commission under s 51AB of Trade Practices Act 1974 (Cth) and s 21 of Schedule 2 to Competition and Consumer Act 2010 (Cth) – whether respondent engaged in unconscionable conduct – matters relevant to unconscionability – where respondent a trading corporation supplying vacuum cleaners – where respondent's representatives sold vacuum cleaners to consumers during home visit – where consumers initially offered free maintenance check of existing vacuum cleaners – where consumers not informed that respondent's representatives may attempt to sell respondent's vacuum cleaners during maintenance check – where maintenance checks alleged to be cursory – where respondent's representatives allegedly untrained to perform maintenance checks – where consumers of advanced age – where certain representatives breached provisions of State fair trading legislation concerning acceptance of consideration prior to expiry of cooling-off period and length of attendance at consumer's premises – whether respondent engaged in unfair and pressure sales tactics – whether equivalent vacuum cleaners available in retail stores at lower price

Legislation: Competition and Consumer Act 2010 (Cth), s 21 of Schedule 2 Evidence Act 1995 (Cth), s 140 Fair Trading Act 1989 (Qld) ss 62, 64 Fair Trading Act 1999 (Vic) s 62B Trade Practices Act 1974 (Cth) s51AB