Nick Scali & Super A-Mart in court

24 November 2010

Furniture retailer Nick Scali has launched Federal Court action against discount retailer Super A-Mart, alleging breaches of the Trade Practices Act.

As reported in online business media, the case involved the tort of "passing off", in which, according to court documents, Nick Scali claimed that Super A-Mart breached sections 52 and 53 of the Trade Practices Act, which deal with misleading and deceptive conduct and false and misleading representations respectively.

The conduct in question related to the promotion of leather lounge suites sold by Super A-Mart as being similar to a Nick Scali product, but far cheaper in price.

Super A-Mart reportedly tried and failed to block evidence submitted by Nick Scali's legal team detailing alleged conversations between witnesses and Super A-Mart sales representatives.

Neither Nick Scali nor Super A-Mart were available for comment while the case was ongoing.

 

 

Comments

chesterfield house

about time some of these money hungry retail chains attacked each other.. :) if they supported more local Aussie made product they could each run there own exclusive lines!

Linda lay

The same with other retailers products by having pictures or advertisments from other retailers and say this is ABC furniutres product but ours is the same at lower price. Often it is comparing and import with Australian Made product. The product is not the same and it is misleading the consumer.

Toony

This is the General Practice of Super-Amart...Nothing new. They have done the same in western Australia but as most other furniture companies are smaller in size they cant take the legal action that Nick Scali hase taken.

Ken Tregoning

As a furniture designer and manufacturer I can say with complete honesty, There needs to be a coalition of all fairdinkum and in this country Australian furniture makers, I am astounded when I visit other showrooms and knowing the industry and how quality furniture is made, I get the same eye to eye statements yes it's made here in Australia? "what?" screwing something together that comes out of a container from China or elsewhere does not constitute made in Australia even if it is Tasmanian timber sent overseas for processing into furniture, "Be warned consumers!" what has happened to our shoe and clothing industry is terminal now in our manufacturing industry; Not to put to fine a point on it it's your childrens future and employment opportunities that are at stake here, no joke. If you believe that once our quality furniture manufacturers have succumbed to Imports prices will drop, you are sadly fooling yourself, here is an example, I can import a 1.5m sideboard from overseas to my specifications but inferior workmanship for about $350 landed and plus gst it sells in some stores for $3500 plus gst, No guarantee on how long it will last either, We should all wake up before it really is too late, Quality costs and lasts, be Austraslian and support the Australian Furniture industry by buying genuine Australian made furniture and keep us in business giving you what you deserve, Real Australian made quality furniture.

Fred Wright

What are you saying that Super A Mart had a product that was similar but cheaper than Nick Scali? And that someone got cought telling someone else? I wonder what was different about them and which one was better quality.

Peter H

Copying (in China!) is the sincerest form of flattery in the long term but financially it hurts in the short term. Regretably all fashion including furniture has a short term cycle. We all buy knock-offs - but we KNOW they are knock-offs. It seems to hang on the "salesman test"

JJ

They are all as bad as each other. You walk into any store and the sales pitch is all the same "we have something similar at a cheaper price"

POSSALOT

An upholsterer is 100 times more expensive to employ in Australia when compared to employing one in China (in USD). Don't mention super, workers compensation insurance. China has a foreign exchange reserves of $2.6 Trillion USD and this amount rose by $204 Billion USD in the first three quarters of this year. Just multiply this by 100 to work out the production value then compared this figure back to Australia. Lets fight over peanuts and reflect the true monkeys we are! Lets give China our knowledge, experience, resources........ then we can buy back the finished product for what we think is good value based on this thing we call "currency" ! Long term sustainability for future generations is what we should be going to court over. Not what we buy out of China for what we perceive to be good value. You want to be a world player Australia?

cheryl

you get what you pay for....sometimes. Buy from a reputable shop,a salesperson who knows what they are talking about, BUY AUSTRALIAN MADE AND KEEP OUR ECONOMY STRONG. I am a retailer and I educate my clients and sell GOOD PRODUCTS made here locally in WA. In all types of leather (not bonded leather or split) TOP COAT or fabric...then the client can get what they really want.

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