Federal Court of Australia
Federal Court of Australia
Australian Competition and Consumer Commission v Secure Parking Pty Ltd [2024] FCA 884 File number: NSD 668 of 2024
Judgment of: PERRAM J
Date of judgment: 8 August 2024
Catchwords: CONSUMER LAW – application for declarations of contravention, civil penalty and other orders by consent – where respondent admitted contraventions of ss 18, 29(1)(g) and 34 of the Australian Consumer Law – whether proposed declarations and penalty appropriate
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2 ss 18, 29(1)(g), 34, 224
Cases cited: Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2015] FCA 330; 327 ALR 540
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 18
Date of last submission: 21 March 2024
Date of hearing: Determined on the papers
Solicitor for the Applicant: Corrs Chambers Westgarth
Solicitor for the Respondent: MinterEllison
ORDERS NSD 668 of 2024
BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION Applicant
AND: SECURE PARKING PTY LTD ACN 108 043 689 Respondent
order made by: PERRAM J DATE OF ORDER: 8 August 2024
BY CONSENT, THE COURT DECLARES THAT:
1. In the period 1 July 2017 to 30 June 2022, Secure Parking Pty Ltd (Secure Parking), in trade or commerce and in connection with the supply or possible supply of services (being Secure-a-Spot) or the promotion of the supply or use of those services in Australia, on the Website (www.secureparking.com.au), in Subscriber emails, in Facebook posts and in YouTube videos: (a) engaged in conduct that was misleading or deceptive or likely to mislead or deceive in contravention of section 18 of the Australian Consumer Law (the ACL), consisting of Schedule 2 to the Competition and Consumer Act 2010 (Cth); (b) made false or misleading representations that Secure-a-Spot had a use or benefit which it did not have, being the use or benefit of reserving a parking space at the particular time, date and location nominated by the consumer, in contravention of section 29(1)(g) of the ACL; and (c) engaged in conduct that was liable to mislead the public as to the nature, characteristics, and/or suitability for purpose of services, being that a Secure-a-Spot booking would reserve a parking space at the particular time, date and Car Park nominated by the consumer, in contravention of section 34 of the ACL; by representing to consumers that, by using Secure-a-Spot, a consumer would have a parking space reserved for them for the time, date and location specified in the booking they had paid for, when that was not the case.
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