Australian Competition and Consumer Commission v Lifestyle Photographers Pty Ltd [2016] FCA 1538

Australian Competition and Consumer Commission v Lifestyle Photographers Pty Ltd [2016] FCA 1538

Expression Sessions, by the conduct of its staff and managers, engaged in unconscionable conduct, misleading and deceptive conduct, and false representations regarding price and contract terms for photographic products, contravening ss 21, 18, 29(1), and 48 of the ACL, warranting declarations, injunctions, penalties, and consumer redress. Consent to orders by the respondents constituted admission of facts, and the orders are tailored to redress consumer loss and prevent repetition.

Parties
Applicant: Australian Competition and Consumer Commission; First Respondent: Lifestyle Photographers Pty Ltd; Second Respondent: Easy Payments Pty Ltd
Jurisdiction
Australia
Judgment Date
20 December 2016
Procedural Posture
Civil / Final Judgment and Orders (consent Orders)
Outcome
Declarations, injunctions, penalties, consumer redress, and costs orders granted by consent.
Legal Topics
Unconscionable Conduct, Misleading and Deceptive Conduct, False or Misleading Representation, Failure to Specify Single Price, Pecuniary Penalty, Injunction, Consumer Redress, Void Contracts, Restitution
Consumer Law Commercial Law Unconscionable Conduct Misleading and Deceptive Conduct False or Misleading Representation Failure to Specify Single Price Pecuniary Penalty Injunction +3 more

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Parties

Australian Competition and Consumer Commission

Applicant

Lifestyle Photographers Pty Ltd

First Respondent

Easy Payments Pty Ltd

Second Respondent

Procedural Posture

Civil / Final Judgment and Orders (consent Orders)

Legal Issues

  1. 1 Whether the respondents' conduct was unconscionable in breach of s 21 of the Australian Consumer Law
  2. 2 Whether misleading and deceptive conduct occurred (s 18 ACL)
  3. 3 Whether there were false or misleading representations about goods (s 29(1) ACL)

Ratio Decidendi

Expression Sessions, by the conduct of its staff and managers, engaged in unconscionable conduct, misleading and deceptive conduct, and false representations regarding price and contract terms for photographic products, contravening ss 21, 18, 29(1), and 48 of the ACL, warranting declarations, injunctions, penalties, and consumer redress. Consent to orders by the respondents constituted admission of facts, and the orders are tailored to redress consumer loss and prevent repetition.

Court Disposition

Declarations, injunctions, penalties, consumer redress, and costs orders granted by consent.

Orders

  • Declaration of unconscionable conduct by First Respondent (Expression Sessions) under s 21 ACL
  • Declaration contracts with customers (other than ratified contracts) void ab initio for period 2012-2014