Australian Competition & Consumer Commission v Black on White Pty Ltd & Ors [2001] FCA 372

Australian Competition & Consumer Commission v Black on White Pty Ltd & Ors [2001] FCA 372

The First Respondent engaged in misleading or deceptive conduct, false and misleading representations, and unconscionable conduct in contravention of multiple provisions of the Trade Practices Act by misrepresenting course accreditation, fee refund policies, and deferred payment schemes; the Third Respondent was knowingly concerned in these contraventions, while the Fourth Respondent was only liable in relation to the accreditation representations. Costs were apportioned according to the discrete issues on which parties succeeded or failed.

Jurisdiction
Australia
Judgment Date
04 April 2001
Procedural Posture
Civil / Judgment and Orders
Outcome
Application against Fourth Respondent dismissed except for accreditation representations; First and Third Respondents liable for contraventions; costs orders made.
Legal Topics
['misleading or Deceptive Conduct' 'false Representation' 'unconscionable Conduct' 'trade Practices Act' 'costs Orders']
['competition' 'consumer Law'] ['misleading or Deceptive Conduct' 'false Representation' 'unconscionable Conduct' 'trade Practices Act' 'costs Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Judgment and Orders

Legal Issues

  1. 1 ['Whether First Respondent contravened sections 52, 53 and/or 55A of the Trade Practices Act 1974 (Cth) by falsely advertising course accreditation' 'Whether First Respondent engaged in misleading conduct in dealings with specific individuals' 'Whether First Respondent engaged in unconscionable conduct regarding course fees and cancellation policies' 'Whether Second, Third, and Fourth Respondents were knowingly concerned in or party to the contraventions']

Ratio Decidendi

The First Respondent engaged in misleading or deceptive conduct, false and misleading representations, and unconscionable conduct in contravention of multiple provisions of the Trade Practices Act by misrepresenting course accreditation, fee refund policies, and deferred payment schemes; the Third Respondent was knowingly concerned in these contraventions, while the Fourth Respondent was only liable in relation to the accreditation representations. Costs were apportioned according to the discrete issues on which parties succeeded or failed.

Court Disposition

Application against Fourth Respondent dismissed except for accreditation representations; First and Third Respondents liable for contraventions; costs orders made.

Orders

  • ["Applicant pay one-third of the Fourth Respondent's costs, including reserved costs, to be taxed if not agreed." 'No order as to costs as between applicant and First and Second Respondents.' "Third Respondent pay applicant's costs of and incidental to proceedings, including reserved costs, to be taxed if not...