The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court, against Mr Gregory John Millar, presently carrying on business as Australian Corporate Exhibitions, and Mr John Raymond Webb in relation to the promotion of various industry exhibitions.
The ACCC alleges that Mr Millar and Mr Webb, presently Australian Corporate Exhibitions' National Events Manager, engaged in misleading or deceptive conduct (and that Mr Webb was involved in Mr Millar's conduct) in contravention of section 52 of the Trade Practices Act 1974 including by representing that:
particular numbers of visitors and exhibitors would attend MineBox Expo 2006 and the Sydney International Mining & Engineering Expo 2006 (SIMEX 2006), without having reasonable grounds or a reliable basis for so representing
a small number of exhibitor stands were still available at SIMEX 2006 when at all times more exhibitor stands were available, and
the former Premier of Western Australia, Dr Geoff Gallop and the Prime Minister of Australia, Mr John Howard, had provided messages of support or consented to the publication of such messages regarding MineBox Expo 2006 and SIMEX 2006 respectively, when that was not the case.
The ACCC further alleges that, while Mr Millar was a director and Mr Webb was an employee of Media & Events Australia Pty Ltd (now in liquidation), Mr Millar and Mr Webb engaged in misleading or deceptive conduct (and were involved in the company's conduct) in contravention of section 52 of the Act, in relation to the promotion of Aus Industry Expo 2005.
The ACCC is seeking declarations that:
Mr Millar and Mr Webb contravened section 52 of the Act
Mr Webb aided, abetted, counselled or procured and was knowingly concerned in, or a party to the conduct of Mr Millar, and
Mr Millar and Mr Webb aided, abetted, counselled or procured and were knowingly concerned in, or a party to the conduct of Media & Events Australia Pty Ltd.
The ACCC is also seeking:
injunctions permanently restraining Mr Millar and Mr Webb from engaging in the same or similar conduct
orders requiring Millar to publish information outlining the above in newspapers, on the Internet and in a daily news bulletin emailed to subscribers
orders requiring Mr Millar and Mr Webb to attend an Act compliance seminar
findings of fact, and
costs.
The matter has been listed for a directions hearing in the Federal Court, Perth on 28 August 2007.
Release # MR 225/07
Issued: 22nd August 2007
Background
The Aus Industry Expo 2005 was held at the Burswood Dome, Burswood in Western Australia from 13 April 2005 to 16 April 2005.
The MineBox Expo 2006 was held at the Claremont Showgrounds, Claremont in Western Australia from 29 March 2006 to 31 March 2006.
SIMEX 2006 was held at the Royal Hall of Industries and the Hordern Pavilion, Moore Park, Sydney in New South Wales from 30 August 2006 to 1 September 2006.
