Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Nonchalant Pty Ltd (in liq) [2013] FCA 605 Citation: Australian Competition and Consumer Commission v Nonchalant Pty Ltd (in liq) [2013] FCA 605
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v NONCHALANT PTY LTD (ACN 154 042 903) (IN LIQUIDATION)
File number: QUD 12 of 2013
Judge: GORDON J
Date of judgment: 18 June 2013
Catchwords: TRADE PRACTICES – misleading or deceptive conduct – Competition and Consumer Act 2010 (Cth) – whether representations that cars available for hire at specified daily rates contravene ss 18, 21(1)(i) of the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) where advertisements failed to disclose additional compulsory charges – pecuniary penalties – relevant factors – declarations pursuant to s 21 of the Federal Court of Australia Act 1976 (Cth)
Legislation: Competition and Consumer Act 2010 (Cth) Corporations Act 2001 (Cth) Trade Practices Act 1974 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Australian Competition and Consumer Commission v Abel Rent-A-Car Pty Ltd [1999] FCA 314 Australian Competition and Consumer Commission v Audi Australia Pty Ltd [2007] FCA 1990 Australian Competition and Consumer Commission v Dell Computer Pty Limited (2002) 126 FCR 170 Australian Competition and Consumer Commission v EDirect Pty Ltd (in liq) (2012) 206 FCR 160 Australian Competition and Consumer Commission v Global One Mobile Entertainment Limited [2011] FCA 393 Australian Competition and Consumer Commission v Goldy Motors [2000] FCA 1885 Australian Competition and Consumer Commission v Gourmet Goody's Family Restaurant Pty Ltd [2010] FCA 1216 Australian Competition and Consumer Commission v Pacific Dunlop [2001] FCA 740 Australian Competition and Consumer Commission v Signature Security Group Pty Ltd (2003) 52 ATR 1 Australian Competition and Consumer Commission v SIP Australia Pty Ltd [2003] FCA 336 Australian Competition and Consumer Commission v Yellow Page Marketing BV (No 2) (2011) 195 FCR 1 Campbell v Backoffice Investments Pty Ltd (2009) 238 CLR 304 Downey v Carlson Hotels Asia Pacific Pty Limited [2005] QCA 199 Johnson Tiles Pty Ltd v Esso Aust Ltd (2000) 104 FCR 564 Mathers v Commonwealth of Australia (2004) 134 FCR 135 Secretary, Department of Health and Ageing v Prime Nature Prize Pty Limited (in liq) [2010] FCA 597 Taco Co of Australia Inc v Taco Bell Pty Ltd (1982) 42 ALR 177 Tax Practitioners Board v Munro [2012] FCA 1338 Trade Practices Commission v Manfal Pty Ltd (No 3) (1991) 33 FCR 382
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