The Australian Competition and Consumer Commission is appealing one aspect of the recent Federal Court orders made in the MSY Technology proceedings.
On 5 May 2011 the ACCC filed a Notice of Appeal in relation to Justice Perram's decision to not grant the declarations which had been sought by the ACCC and consented to by the respondents.
Those declarations were to the effect that MSY Technology Pty Ltd and four of its related companies had breached sections 52 and 53(g) of the Trade Practices Act 1974 (now the Competition and Consumer Act 2010) by making a number of false or misleading representations regarding the statutory warranty rights of consumers.
Justice Perram considered that he was bound by an earlier decision of the Full Federal Court which prevented him from granting declarations in circumstances where respondents to the proceeding consented to the making of those declarations.
The ACCC's appeal is only in respect of this finding. Otherwise, the ACCC was successful in obtaining the court orders it had sought, namely, injunctions, civil penalties totalling $203,500, corrective notices, orders for the respondents to implement a trade practices compliance program and costs.
Acting ACCC chairman Peter Kell said that an appeal was necessary to clarify the law in this area as consent declarations have been made by Federal Court judges in numerous cases over many years.
"The ACCC regards declarations as an important way to inform the public (including consumers and traders) of the court finding that a person has contravened the Act."
A callover in this matter will be heard on a date to be advised by the court.