Australian Competition and Consumer Commission v BAJV Pty Ltd

The Australian Competition and Consumer Commission (ACCC) brought proceedings against BAJV Pty Ltd, Brendon Ayers, and Teressa Carr, alleging various breaches of the Trade Practices Act 1974 (TPA) and the Australian Consumer Law (ACL). The respondents admitted to the allegations, which included misleading and deceptive conduct, unconscionable conduct, and false or misleading representations concerning the cost of repairs to rental vehicles. The court found that the conduct involved charging customers more for repairs than the actual cost, failing to notify customers of refunds when due, and making misleading representations on the Europcar website. The court imposed a pecuniary penalty of $200,000 on BAJV and $40,000 on Mr Ayers. The court also made declarations, ordered BAJV to pay known customers the amounts owed to them, and reserved liberty to make publication orders. Costs were to follow the event.