The Australian Competition and Consumer Commission has instituted legal proceedings in the Federal Court in Sydney against Lift Shop Pty Ltd and its director, Leslie Katz, for alleged contraventions of the Trade Practices Act 1974.
Lift Shop is a supplier of residential and limited mobility lifts with its head office located in Sydney and sales offices located in Melbourne and Brisbane.
The ACCC alleges that Lift Shop made misleading representations to two customers in contravention of sections 52 and 53(a) of the Act. Lift Shop is alleged to have represented to the customers that it would supply a particular model of platform lift possessing particular features, agreed with each of the customers.
Lift Shop is alleged to have subsequently substituted the supply of the agreed platform lift with a different model of platform lift from another manufacturer and containing different features, without the knowledge or consent of the customer. The platform lifts were installed at a school in Wollongong, NSW and at a local government town hall in Melbourne.
It is alleged that Mr Katz was knowingly concerned in the alleged conduct of Lift Shop.
The ACCC seeks orders including declarations that Lift Shop and Mr Katz engaged in conduct that contravened the Act, injunctions, the publication of a corrective notice on its website (www.liftshop.com.au) and an order that Lift Shop implement a trade practices law compliance program, and costs.
This matter has been listed for a directions hearing on 29 April 2010.
