The Australian Competition and Consumer Commission has obtained interlocutory injunctions in the Sydney Federal Court against online retailer Ozdirect Online Brands Pty Ltd and its director, Paul Albright, over alleged misleading and deceptive conduct.
The injunctions, made with the consent of the parties, stop Ozdirect from accepting payment for goods when there are reasonable grounds of which the company is aware, or should be aware, that it could not provide supply in a reasonable time. Another order restrained Ozdirect from making misleading representations to consumers about the availability of goods advertised on its websites.
The conduct relates the sale of electronic goods on websites including ozdirect.com, ozdirect.com.au and ausbuys.com.
The ACCC alleges that Ozdirect accepted payment from consumers for goods when there were reasonable grounds of which the company is aware, or should be aware, that it could not provide supply in a reasonable time. The ACCC also alleges that Ozdirect made misrepresentations to consumers about the availability and likely delivery times of items and consumer warranty and refund rights.
Ozdirect is also restrained from making certain misleading representations regarding refunds. The injunctions apply until further orders are made.
The ACCC alleges Ozdirect's conduct was misleading or deceptive and contravened sections 52, 53(g) and 58 of the Trade Practices Act 1974, and that Mr Albright was knowingly concerned in that conduct.
The ACCC seeks final orders including declarations that Ozdirect's conduct contravened the Act and that Mr Albright was knowingly concerned in that conduct; injunctions; findings of fact; an order that Ozdirect implement a trade practices law compliance program; and costs.
The matter has been stood over for its next directions hearing on November 6 2009. The parties have been ordered to attend mediation on or before August 27 2009.