Global One Mobile Entertainment Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 134

FEDERAL COURT OF AUSTRALIA

Global One Mobile Entertainment Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 134 Citation: Global One Mobile Entertainment Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 134

Appeal from: Australian Competition and Consumer Commission v Global One Mobile Entertainment Limited [2011] FCA 393

Parties: GLOBAL ONE MOBILE ENTERTAINMENT PTY LTD ACN 090 119 430 and 6G PTY LIMITED ACN 097 080 718 v AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

File number: NSD 1106 of 2011

Judges: GREENWOOD, LOGAN AND YATES JJ

Date of judgment: 14 September 2012

Catchwords: TRADE PRACTICES – consideration of whether the appellants engaged in conduct in contravention of ss 52, 53(aa), 53(c) and 53(e) of the Trade Practices Act 1974 (Cth) (but particularly ss 52 and 53(e)) by causing four advertisements to be published in the course of the promotion and supply of mobile telephone premium content services – consideration of the approach to be adopted in evaluating whether each advertisement engages a contravention of the relevant sections – consideration of the tests to be applied in making that evaluation derived from the authorities – consideration of the principles to be applied in determining the amount of a pecuniary penalty CONSUMER LAW – consideration of whether the appellants' conduct in causing four advertisements to be published to consumers concerning the promotion and supply of mobile telephone premium content services involved contraventions of the consumer protection provisions of the Trade Practices Act 1974 (Cth), namely, ss 52, 53(aa), 53(c) and 53(e) (but particularly ss 52 and 53(e)) – consideration of the principles to be applied in determining the amount of a pecuniary penalty