Trade Practices Commission v Annand & Thompson Pty Ltd [1978] FCA 42

Trade Practices Commission v Annand & Thompson Pty Ltd [1978] FCA 42

Describing vehicles as 'new' when they were assembled and ready for registration more than two years before sale is misleading within the meaning of Section 52 of the Trade Practices Act 1974; however, an injunction was not granted in the exercise of discretion, considering the nature of the breaches, the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
20 June 1978
Procedural Posture
Application / Final Judgment
Outcome
application dismissed
Legal Topics
['misleading Conduct' 'injunction' 'motor Vehicle Sales']
['consumer Protection' 'trade Practices'] ['misleading Conduct' 'injunction' 'motor Vehicle Sales']

Source-derived case record

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Procedural Posture

Application / Final Judgment

Legal Issues

  1. 1 ["Whether representing motor vehicles as 'new' when they were manufactured more than two years earlier constitutes misleading conduct under Section 52 of the Trade Practices Act 1974" 'Whether an injunction should be granted to restrain such representations']

Ratio Decidendi

Describing vehicles as 'new' when they were assembled and ready for registration more than two years before sale is misleading within the meaning of Section 52 of the Trade Practices Act 1974; however, an injunction was not granted in the exercise of discretion, considering the nature of the breaches, the respondent's business, and absence of evidence of deliberate misleading.

Court Disposition

application dismissed

Orders

  • ['The application be dismissed.' 'The matter stood over to a date to be fixed to hear argument on costs and for any further applications either party sees fit to make.']