ACCC V LEE LEE PTY LTD (1999) FCA 1121
Federal Court of Australia – 20 August 1999
FACTS
The Commission issued proceedings against Lee Lee for breaches of section 51AC (1) of the Trade Practices Act 1974.
Section SIAC says that a corporation must not in trade or commerce when supplying or acquiring goods from a person engage in conduct that is unconscionable. That section became law on 1 July 1998.
The Commission issued proceedings on behalf of the Choongs who were sub-tenants of Lee Lee. It was alleged that Lee Lee had been unconscionable in its business dealings with Lee Lee during the sub-lease term between 1991 and 1999.
ISSUES
Could the Commission plead allegedly unconscionable conduct by lease before 1 July 1998 to support the claims for unconscionable conduct after 1 July 1998?
FINDING
The commission could only plead conduct of Lee Lee before 1 July 1998 when it related to facts which were directly relevant to the post 1 July 1998 claims.
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