Australian Competition & Consumer Commission v Giraffe World Australia Pty Ltd (No 2) [1999] FCA 1161

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Giraffe World Australia Pty Ltd (No 2) [1999] FCA 1161 TRADE PRACTICES – referral selling – pyramid selling scheme – construction of ss 57 and 61 of Trade Practices Act 1974 (Cth) – misleading or deceptive conduct – representations "with respect to future matters" – testimonial evidence that product sold as a therapeutic device had benefited human health – expert evidence suggesting otherwise – "placebo effect" – "autosuggestion" – accessory liability. PRACTICE AND PROCEDURE – application to reconstitute a proceeding as a representative proceeding under Part IVA of the Federal Court of Australia Act 1976 (Cth) – power to make such an order – discretion as to whether order should be made. DEFAMATION – allegation that Commission defamed applicant in media release reporting obtaining of ex parte injunction – defences – truth – public interest – fair report of court proceedings. Trade Practices Act 1974 (Cth) ss 51A, 52, 57, 61, 75B, 80(1)(e) AUSTRALIAN COMPETITION & CONSUMER COMMISSION v GIRAFFE WORLD AUSTRALIA PTY LIMITED & ORS NG 421 OF 1998 GIRAFFE WORLD AUSTRALIA PTY LIMITED v AUSTRALIAN COMPETITION & CONSUMER COMMISSION NG 711 OF 1998 LINDGREN J 26 AUGUST 1999 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 421 OF 1998

BETWEEN: AUSTRALIAN COMPETITION & CONSUMER COMMISSION

Applicant

AND: GIRAFFE WORLD AUSTRALIA PTY LIMITED [ACN 078 012 521]

First Respondent

AKIHIKO MISUMA

Second Respondent

ROBIN HAN

Third Respondent

MARK SCOTTE

Fourth Respondent

[Rui Hua Zhang (Aka Susan Zhang), removed as a party]

Fifth Respondent

LUCILLE ORR

Sixth Respondent

[Wei Wang, removed as a party]