Australian Competition & Consumer Commission v Skins Compression Garments Pty Ltd [2009] FCA 710

Australian Competition & Consumer Commission v Skins Compression Garments Pty Ltd [2009] FCA 710

Declarations and orders, including pecuniary penalties, corrective advertising and undertakings, were appropriate as Skins admitted contraventions of s 52 and s 48 of the Trade Practices Act 1974 (Cth), Mr Warhurst was knowingly concerned in each contravention, and the evidence and agreed facts supported the orders sought. The penalties proposed fell within an appropriate range and promoted deterrence.

Parties
Applicant: Australian Competition & Consumer Commission; First Respondent: Skins Compression Garments Pty Ltd (ACN 110 666 923); Second Respondent: Jaimie Royston Fuller; Third Respondent: Christopher Thomas Warhurst
Jurisdiction
Australia
Judgment Date
02 July 2009
Procedural Posture
Civil Proceeding / Judgment and Final Orders After Consent and Agreed Facts
Outcome
Declarations made; undertakings accepted; orders for corrective advertising; pecuniary penalties imposed; applicant awarded costs.
Legal Topics
Misleading and Deceptive Conduct, Resale Price Maintenance, Pecuniary Penalties, Corrective Advertising, Undertakings
Competition Law Consumer Law Trade Practices Misleading and Deceptive Conduct Resale Price Maintenance Pecuniary Penalties Corrective Advertising Undertakings

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Parties

Australian Competition & Consumer Commission

Applicant

Skins Compression Garments Pty Ltd (ACN 110 666 923)

First Respondent

Jaimie Royston Fuller

Second Respondent

Christopher Thomas Warhurst

Third Respondent

Procedural Posture

Civil Proceeding / Judgment and Final Orders After Consent and Agreed Facts

Legal Issues

  1. 1 Whether Skins engaged in misleading or deceptive conduct contrary to s 52 of the Trade Practices Act 1974 (Cth)
  2. 2 Whether Skins engaged in resale price maintenance contrary to s 48 of the Trade Practices Act 1974 (Cth)
  3. 3 Whether Mr Warhurst was knowingly concerned in, or party to, Skins' contraventions

Ratio Decidendi

Declarations and orders, including pecuniary penalties, corrective advertising and undertakings, were appropriate as Skins admitted contraventions of s 52 and s 48 of the Trade Practices Act 1974 (Cth), Mr Warhurst was knowingly concerned in each contravention, and the evidence and agreed facts supported the orders sought. The penalties proposed fell within an appropriate range and promoted deterrence.

Court Disposition

Declarations made; undertakings accepted; orders for corrective advertising; pecuniary penalties imposed; applicant awarded costs.

Orders

  • Declaration that Skins engaged in misleading or deceptive conduct in contravention of s 52 of the Trade Practices Act 1974 (Cth)
  • Declaration that Skins engaged in resale price maintenance in contravention of s 48