Australian Competition & Consumer Commission v Black on White Pty Ltd

In the Federal Court of Australia, the Australian Competition & Consumer Commission brought a case against Black on White Pty Ltd concerning alleged breaches of the Trade Practices Act. The ACCC sought an injunction against the respondent company, arguing that it had engaged in misleading and deceptive conduct by falsely advertising that its services would result in a guaranteed increase in sales. The case was heard by Justice Allsop.

The primary legal issue before the court was whether Black on White Pty Ltd had engaged in misleading or deceptive conduct in the course of trade or commerce, as defined by the Trade Practices Act. The court also needed to consider the standard of proof required to establish such conduct. Additionally, the court had to determine the appropriate remedy, if any, that should be imposed on the respondent company.

In his judgment, Justice Allsop found that the ACCC had not met the requisite standard of proof to establish that the respondent company engaged in misleading or deceptive conduct. The court emphasised the importance of clear and cogent evidence in cases of this nature and determined that the ACCC's case was not sufficiently compelling. Consequently, the application for an injunction was refused. The court ordered the ACCC to file and serve written submissions on why costs should not follow the ordinary course, with the respondents to file and serve their submissions in response by the specified dates.