ACCC action against TWM Imports Pty Ltd over trolley jacks
The Australian Competition and Consumer Commission has instituted legal proceedings in the Federal Court against TWM Imports Pty Ltd in relation to trolley jacks supplied by TWM Imports Pty Ltd that allegedly do not comply with the prescribed consumer product safety standard relating to trolley jacks, namely Australian/New Zealand Standard AS/NZ 2615:1995.
The ACCC has alleged that TWM Imports Pty Ltd has imported and supplied trolley jacks which failed to comply with the prescribed standard in relation to design and construction, requirements for performance, marking requirements of the jack, marking requirements of the packaging as well as the clause relating to the maintenance, safe usage, and assembly instructions that should be supplied with the jack.
The ACCC alleges that TWM Imports Pty Ltd has breached section 65C of the Trade Practices Act 1974.
The ACCC is seeking interlocutory relief that TWM Imports be restrained from supplying or offering to supply the trolley jacks until the final determination of the proceedings.
The ACCC is also seeking:
findings of fact
a declaration that TWM Imports Pty Ltdcontravened the Act
an injunction
an order that TWM Imports Pty Ltd make arrangements to collect the trolley jack from any person wishing to return the trolley jack
an order for public notices
an order that TWM Imports Pty Ltd implement a trade practices compliance program, independently audited and reported on and
costs
The hearing for interlocutory relief has been listed for 13 August 2004 at 10:45 a.m. at the Federal Court, Perth.
