Australian Competition & Consumer Commission v Universal Sports Challenge Ltd [2002] FCA 1276

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Universal Sports Challenge Ltd [2002] FCA 1276 TRADE PRACTICES - alleged contravention of Trade Practices Act 1974 (Cth) arising from promotion of a golfing competition – making of representation with respect to a future matter without grounds - application brought against corporation and natural person - whether natural person is knowingly concerned in, or party to, contraventions by the corporation - s 51A(2) of the Trade Practices Act 1974 (Cth) - deeming of corporation not to have had reasonable grounds for making a representation – whether applicable to another person who did not make the representation, albeit a person who was knowingly involving in making the statement WORDS & PHRASES - "Wilful blindness"

Trade Practices Act 1974 (Cth) ss 51A(1), 51A(2), 52 and 54 Federal Court of Australia Act 1976 (Cth) s 21. King v GIO Australia Holdings Limited [2001] FCA 308, referred to. Yorke v Lucas (1995) 158 CLR 661, followed. AUSTRALIAN COMPETITION & CONSUMER COMMISSION v UNIVERSAL SPORTS CHALLENGE LTD & ANOR N 274 OF 2002 EMMETT J 23 OCTOBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N274 OF 2002

BETWEEN: AUSTRALIAN COMPETITION & CONSUMER COMMISSION

APPLICANT

AND: UNIVERSAL SPORTS CHALLENGE LIMITED

(ACN 092 994 539)

FIRST RESPONDENT

MICHAEL KOTOWICZ

SECOND RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 23 OCTOBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. the application be dismissed; and 2. the applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N274 OF 2002