Australian Competition and Consumer Commission v Ascot
Four Pty Ltd  FCA 1295
Court considers the representations conveyed by a
In this similar decision, "Zamel's" was found
guilty of 11 offences concerning false or misleading representation
about the price of certain items of jewellery in the Christmas
catalogue, contrary to section 75AZC(1)(g) of the Trade Practices
Act. In each instance, by means of a strikethrough price, the
defendant had represented that a particular item of jewellery had
been sold at that price, or that the purchase of that item of
particular jewellery during the sale period would result in a
saving to the purchaser of the difference between the price as
specified in the Christmas catalogue (the sale price), and the
Zamels, however, had not sold any of the 11 jewellery items
specified in each of the 11 counts respectively for the
Justice Mansfield thought that in substance the issue was a
straightforward one: it is whether the content of the Christmas
sale catalogue, as relevant to the 11 counts, and in all the
circumstances, conveys or would convey to ordinary or reasonable
members of the public who may seek to acquire the 11 jewellery
items from the defendant either of the two representations.
He noted that the purpose of the catalogue was to encourage the
purchase of the 11 jewellery items at the catalogue sale price, by
representing to the consumer or potential consumer that, during the
sale period, the consumer would be saving a difference between the
catalogue sale price and the strike-through price. The court also
thought that ordinary or reasonable members of the classes of
prospective purchasers of the 11 jewellery items would understand
the relevant contents of the Christmas catalogue as conveying a
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