Trade Practices Commission v Annand & Thompson Pty Ltd

The Federal Court heard an application by the Trade Practices Commission against Annand & Thompson Pty Ltd, a motor vehicle dealership, for an injunction under the Trade Practices Act 1974. The Commission sought to restrain the respondent from representing that motor vehicles were of more recent manufacture than they actually were. The facts in support of the application involved the sale of two Jeep vehicles to separate purchasers. The respondents were found to have breached Section 52 of the Trade Practices Act 1974 by describing the vehicles as "new" when they had been in existence for more than two years. The court considered the exercise of discretion under Sections 52 and 80 of the Act and dismissed the application for an injunction. The court noted that the respondent had made an undertaking to instruct their sales staff to inform prospective purchasers of the length of time the vehicles had been in existence where possible. The court stood the matter over to a date to be fixed to hear arguments as to costs and for any further applications that either party saw fit to make.