ss. 51A, 51AA, 51AC, 52, 53(a), 53A, 53(c), 53(e). Alleged representations as to future events without reasonable grounds, unconscionable conduct, misleading or deceptive conduct, misleading representations about the standard, quality, value, grade, composition, style, model, or history of goods or services, false or misleading representations in relation to the sale of land, misrepresentations about the performance characteristics of goods, false or misleading representations about the price of goods and services
18 December 2003: The Federal Court, Brisbane, found Oceana Commercial and various parties innocent of an alleged property marketing scheme on the Gold Coast.
According to Justice Kiefel the ACCC did not establish that the prices paid were above the fair market value or that the lawyer involved in the conveyancing of the property had contravened the Act. The ACCC appealed the primary judge’s decision.
20–21 May 2004: The appeal was heard by the Full Federal Court. Mr Dudley Quinlivan, the sixth respondent, also appealed the judgment against him and that appeal was heard by the Full Court on 27 and 28 May 2004.
5 July 2004: The Full Court dismissed the ACCC’s appeal and allowed the appeal by Quinlivan.
