The Australian Competition and Consumer Commission (ACCC) is appealing one aspect of the recent Federal Court orders made in MSY Technology's proceedings.
The ACCC filed a Notice of Appeal in relation to Justice Perram's decision to not grant the declarations that the reseller 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 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.
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 of the court finding that a person has contravened the Act," Kell said.
The matter will be heard on a date to be advised by the court.
In April MSY was fined $203,500 in penalties by the Federal Court after the ACCC claimed the reseller mislead consumer warranty rights.
On top of this, the court also ordered MSY to restrain for a period of five years from making false or misleading representations about a customer’s statutory warranty rights; implement a Trade Practices compliance program; display corrective advertising in each of their stores and website as well as pay the ACCC’s costs.