Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v BAJV Pty Ltd [2013] FCA 666 Citation: Australian Competition and Consumer Commission v BAJV Pty Ltd [2013] FCA 666
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v BAJV PTY LTD (ACN 094 966 953), BRENDON AYERS and TERESSA CARR
File number: TAD 64 of 2011
Judge: MARSHALL J
Date of judgment: 8 July 2013
Catchwords: CONSUMER LAW – false, misleading and deceptive conduct in relation to charges for repair of damaged rental vehicles – admitted conduct in contravention of trade practices law – enforcement and remedies – assessment of pecuniary penalties – relevant factors – declarations – undertaking to pay customers known to have been overcharged – ancillary orders.
Legislation: Competition and Consumer Act 2010 (Cth) Trade Practices Act 1974 (Cth)
Cases cited: ACCC v EDirect Pty Ltd (in liq) (2012) 206 FCR 160 Singtel Optus Pty Ltd v ACCC [2012] FCAFC 20; (2012) 287 ALR 249
Dates of hearing: 27, 28, 29 & 30 May 2013
Place: Melbourne (heard in Hobart)
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 50
Counsel for the Applicant: Mr I Faulkner SC with Mr C Smith
Solicitor for the Applicant: Australian Government Solicitor
Counsel for the First and Second Respondents: Mr T Woodward SC with Mr A Muller
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