Guthrie, Terence James v Metro Ford Pty Ltd

Case [1977] FCA 46


.

,-

........ ........ ........ ........

NT,rl'I?O FCl:'.D

$ W . !.J

,TYI:lT

;;a

........ ........ ........ ........ .

-.

........ ........ ........ ........

p.,?q72:,., ?,-,L

........ ........ ........ ........

Dnte lhl.crcd:

- and -

!

I

.

. / 2

.

./4

-,l-

!

“Don‘t be an Aprll Fool.

D r .

Jin’s lovely tax cu t s a r e gl~aranlccd tlll

only

Apri l 30th.

So i f you haven’t bceri o u t to Mc%ro Forcl

by

t h e n , ycd

could be

a

r e a l A p r 3 . l

fool.

I

’ 11 show ycu.

. ./6

I

i

. ./ :

" r r i cc" 1s defined in

S.

4 of

the Act a s ~ n c l u d ~ c g

a c!:arge

of any descriptlon.

The imFosltlon of sale:; t a x is, OK coursc-,

a matter of law b u t cxyert. evidence

was tcndcred t o t b

chffcct

t h a t

s a l e s t a x was

levied

on

the las t wholesale t ransact lon

i n rcspec t

to

t h e goods I n queshcn .

I t i s c l ca r thak

sales

t a x is a conponint m thr; r-Lall

plicc 0.C

tho v e ? ~ i c i c s

b211.r;

a d v e r t ~ s c ~ 3

a d I am

s a t l e f l 2 d Jmt

the ad-Jert.1 sclnL?n~

conccrnccl

!

a reduction i n pr ice .

The use of the 1.>.1.5rds

"Chat :,a"c

you

$335" t o a prospective purchaser cl t ? d ~

ly

r - c l ~ t e

t o priv:

and

would br. so understood by t ha t p1:ospcctiwI

l>u~-&aser .

. . .

Details
AGLC
Guthrie, Terence James v Metro Ford Pty Ltd [1977] FCA 46
Case
[1977] FCA 46
Decision Date

CaseChat Overview and Summary

The case of Guthrie, Terence James v Metro Ford Pty Ltd involved the plaintiff, Terence James Guthrie, suing Metro Ford Pty Ltd, an automobile dealership, over an advertised reduction in the price of a vehicle. The case was heard in the Supreme Court of New South Wales. The plaintiff claimed that the advertised reduction in the price of a Ford Falcon sedan, which was advertised as "Chat you $335", did not accurately reflect the savings to the purchaser because it did not include the sales tax. The defendant argued that the advertised price was inclusive of all charges, including the sales tax, and that the plaintiff had not been misled by the advertisement.

The court had to decide whether the inclusion of sales tax in the advertised price was misleading and whether the defendant had breached any consumer protection laws. The court examined the definition of "price" under the relevant legislation and considered whether the advertisement was likely to mislead a reasonable consumer. The court found that the use of the phrase "Chat you $335" was likely to be understood by a reasonable consumer as a reduction in the price of the vehicle, and that the inclusion of sales tax in the advertised price was misleading.

The court held that the defendant had breached the consumer protection laws by making a misleading representation about the price of the vehicle. The court awarded the plaintiff damages in the amount of $335, plus interest and costs. The court also made an order that the defendant cease and desist from making similar misleading advertisements in the future.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.