In Australian Competition and Consumer Commission v Ascot Four Pty Ltd (No 2) [2009] FCA 28 the Federal Court of Australia fined Ascot Four Pty Ltd, the former owner of the jewellery retailer Zamel’s, $380,000 after it was found guilty of making false and misleading representations about the price of 11 jewellery items advertised in its Christmas 2005 catalogue.
Ascot Four was found to have falsely represented that the purchase of each of the 11 items during the sale period would have resulted in a saving of the difference between the sale price and the strike through price in breach of section 75AZC(1)(g) of the Trade Practices Act 1974, which prohibits false or misleading representations being made in relation to the price of goods.
Ascot Four has lodged an appeal, which will be heard in the Federal Court, Adelaide on 27 February 2009.