Australian Competition & Consumer Commission v Sensis Pty Ltd [2002] FCA 1571

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Sensis Pty Ltd [2002] FCA 1571

TRADE PRACTICES – misleading and deceptive conduct – whether Yellow Pages Connect represents it is providing accurate matches for the requests of consumers – whether Yellow Pages Connect is providing accurate matches for the requests of consumers

Trade Practices Act 1974 (Cth) ss 52(1), 53(c), 55A and 58

Parkdale Custom Built Furniture Proprietary Limited v Puxu Proprietary Limited (1982) 149 CLR 191 - cited Elders Trustee and Executor Co Ltd v EG Reeves Pty Ltd (1987) 78 ALR 193 - cited Campomar Sociedad, Limitada v Nike International Limited (2000) 202 CLR 45 - cited AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v SENSIS PTY LTD (formerly PACIFIC ACCESS PTY LTD (ACN 007 423 912)) V 1263 OF 2001 MERKEL J 20 DECEMBER 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1263 OF 2001

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: SENSIS PTY LTD

(formerly PACIFIC ACCESS PTY LTD (ACN 007 423 912))

RESPONDENT JUDGE: MERKEL J

DATE OF ORDER: 20 DECEMBER 2002

WHERE MADE: MELBOURNE

THE COURT MAKES THE FOLLOWING DECLARATIONS AND ORDERS: 1. The Court declares that the respondent has engaged in misleading conduct, or conduct likely to mislead, in contravention of s 52(1) of the Trade Practices Act 1974 (Cth) ("the TPA") in relation to "Out-of-Area" listings given in connection with its Yellow Pages Connect service. 2. Pursuant to s 80 of the TPA the Court orders that the respondent: (a) amend its Yellow Pages Connect Complete Consumer Advisor Manual to incorporate an instruction to its operators, in respect of an unknown search request (as described in paragraph 96 of the Affidavit of Margaret Awrey sworn 8 November 2002), that when a caller requests goods or services in, or in relation to, a particular geographic area, the operator is to enquire whether the caller wants a business located in the area specified by the caller or whether the caller is content to be given a business that services or supplies goods (as the case may be) to that area; and (b) take reasonable steps to ensure that its operators comply with the instruction set out in sub-paragraph (a).