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Update: ACCC v Wilsons Parking
Posted: 19/12/2009
On 12 October 2009, RLR informed readers of Federal Court proceedings commenced by the Australian Competition and Consumer Commission (“ACCC”) against Wilsons Parking Australia 1992 Pty Ltd (“Wilsons Parking”).
The ACCC alleged that Wilsons Parking breached section 52 of the Trade Practices Act 1974 (Cth) (“Act”) by falsely representing that Wilsons Parking carried out all security inspections as agreed, when in fact a number of inspections had been missed and refunds, rebates or credits were not provided to consumers.
In orders handed down on 15 December 2009, the Federal Court of Australia found that Wilsons Parking had breached the Act by falsely representing that it had made the contracted inspections when in fact a significant number of inspections had been missed, and by issuing monthly invoices to consumers without disclosing the fact that numerous inspections had been missed.
As a result of the ACCC’s action, Wilsons Parking refunded over $230,000 to affected consumers and the court ordered Wilsons Parking refrain from engaging in similar conduct in the future. Wilsons Parking was further ordered to contact all affected consumers to advise them of the court’s judgment and to pay the ACCC’s legal costs.
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