Australian Competition and Consumer Commission v Keshow (No.2) [2005] FCA 989

Australian Competition and Consumer Commission v Keshow (No.2) [2005] FCA 989

Where the court has already made findings of fact in earlier proceedings between the same parties establishing contraventions by the respondent under ss 51AB and 52 of the Trade Practices Act 1974 (Cth), it may, in considering a subsequent motion in the same proceedings for compensation under s 87(1A), rely on those findings without invoking s 83, and order compensation for the amounts paid by complainants, without reduction for unsolicited goods or partial performance, provided all statutory requirements, including consent, are satisfied.

Jurisdiction
Australia
Judgment Date
21 July 2005
Procedural Posture
Representative Action for Compensation Under the Trade Practices Act 1974 (cth) / Motion for Compensation Orders Following Judgment on Liability
Outcome
Compensation orders made for each complainant; costs awarded to applicant.
Legal Topics
['unconscionable Conduct' 'misleading or Deceptive Conduct' 'compensation Orders' 'section 87(1 A) Trade Practices Act']
['competition and Consumer Law'] ['unconscionable Conduct' 'misleading or Deceptive Conduct' 'compensation Orders' 'section 87(1 A) Trade Practices Act']

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

Representative Action for Compensation Under the Trade Practices Act 1974 (cth) / Motion for Compensation Orders Following Judgment on Liability

Legal Issues

  1. 1 ['Whether the court may on this motion act on findings of fact made in the initial proceedings between the same parties;' 'Whether compensation is payable to each complainant for the full amount of payments made to the respondent, regardless of partial delivery of goods or unsolicited items received.']

Ratio Decidendi

Where the court has already made findings of fact in earlier proceedings between the same parties establishing contraventions by the respondent under ss 51AB and 52 of the Trade Practices Act 1974 (Cth), it may, in considering a subsequent motion in the same proceedings for compensation under s 87(1A), rely on those findings without invoking s 83, and order compensation for the amounts paid by complainants, without reduction for unsolicited goods or partial performance, provided all statutory requirements, including consent, are satisfied.

Court Disposition

Compensation orders made for each complainant; costs awarded to applicant.

Orders

  • ['Respondent to pay Ingrid White $10,440;' 'Respondent to pay Roseanne Dixon $2,080;' 'Respondent to pay Deanne Williams $6,930;' 'Respondent to pay Louanne Patterson $680;' 'Respondent to pay Marlene Doolan $720;' 'Respondent to pay Rosina Dickson $4,000;' 'Respondent to pay Fiona Turner $1,080;' 'Respondent to pay...