Australian Competition and Consumer Commission v South East Melbourne Cleaning Pty Ltd (in liq) (formerly known as Coverall Cleaning Concepts South East Melbourne Pty Ltd) (No 2) [2015] FCA 257

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v South East Melbourne Cleaning Pty Ltd (in liq) (formerly known as Coverall Cleaning Concepts South East Melbourne Pty Ltd) (No 2) [2015] FCA 257 Citation: Australian Competition and Consumer Commission v South East Melbourne Cleaning Pty Ltd (in liq) (formerly known as Coverall Cleaning Concepts South East Melbourne Pty Ltd) (No 2) [2015] FCA 257

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v SOUTH EAST MELBOURNE CLEANING PTY LTD (IN LIQUIDATION) (FORMERLY KNOWN AS COVERALL CLEANING CONCEPTS SOUTH EAST MELBOURNE PTY LTD) (ACN 162 096 380), BRETT JONES and ASTRID HALEY

File number: VID 399 of 2014

Judge: MURPHY J

Date of judgment: 23 March 2015

Catchwords: TRADE AND COMMERCE – contraventions of Australian Consumer Law – false and misleading representations – unconscionable conduct – breaches of the Franchising Code of Conduct – appropriate quantum of pecuniary penalty for company in liquidation – general deterrence

Legislation: Competition and Consumer Act 2010 (Cth) Trade Practices Act 1974 (Cth)

Cases cited: Australian Competition and Consumer Commission v Cabcharge Australia Ltd [2010] FCA 1261 Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (in liquidation) and Others (2007) 161 FCR 513 Australian Competition and Consumer Commission v Energy Australia Pty Ltd [2014] FCA 336 Australian Competition and Consumer Commission v McMahon Services Pty Ltd [2004] ATPR 42-031 Australian Competition and Consumer Commission v Origin Energy Limited [2015] FCA 55 Australian Competition and Consumer Commission v Renegade Gas Pty Ltd (trading as Supagas NSW) [2014] FCA 1135 Australian Competition and Consumer Commission v SIP Australia Pty Ltd [2003] FCA 336 Australian Competition and Consumer Commission v South East Melbourne Cleaning Pty Ltd (in liq) (formerly known as Coverall Cleaning Concepts South East Melbourne Pty Ltd) [2015] FCA 25 Australian Competition and Consumer Commission v Telstra Corporation Ltd (2010) 188 FCR 238 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 250 CLR 640 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (No 2) [2012] FCA 629 Australian Securities and Investments Commission v Cash Store Pty Ltd (in liquidation) (No 2) [2015] FCA 93 Australian Securities and Investments Commission v Vizard (2005) 145 FCR 57 Australian Securities Commission v Donovan and Another (1998) 28 ACSR 583 Barbaro v The Queen; Zirilli v The Queen (2014) 305 ALR 323 Markarian v The Queen (2005) 228 CLR 357 Mathers and Another v Commonwealth of Australia (2004) 134 FCR 135 Matthews v R; Vu v R; Hashmi v R [2014] VSCA 291 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 Ponzio v B & P Caelli Constructions Pty Ltd and Others (2007) 158 FCR 543 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission (2012) 287 ALR 249 Trade Practices Commission v CSR Ltd [1991] ATPR 41-076 Trade Practices Commission v Stihl Chainsaws (Aust) Pty Ltd (1978) ATPR 40-091