Manningham Real Estate Pty Ltd trading as Barry Plant Doherty (Manningham)

Manningham Real Estate Pty Ltd trading as Barry Plant Doherty has given a court enforceable undertaking to the ACCC following an investigation into alleged misleading conduct and false representations relating to the sale of three allotments of residential land by auction in Melbourne. Following an investigation, the ACCC has reached the view that the conduct of Barry Plant Doherty breached sections 52 and 53A of the TPA.

On 3, 10 and 17 March 2004, Barry Plant Doherty placed an advertisement in local newspapers "The Manningham Leader" and "The Whitehorse" promoting the land without stating whether or not GST would be payable. In one auction at Council Street, Doncaster, the auctioneer stated that he did not believe GST applied when in fact there was GST liability on the hammer price.

As part of the Undertaking given to the ACCC, Barry Plant Doherty has agreed to

• refrain from making false or misleading representations to potential purchasers regarding the applicability of GST to the sale of real estate;
• offer refunds representing half of the GST liability that was collected amounting to $24 175; and
• implement a trade practices compliance program