Australian Competition and Consumer Commission v Chen 2003] FCA 897

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Chen [2003] FCA 897 TRADE PRACTICES – Application for a declaration that the respondent engaged in conduct in contravention of the Trade Practices Act 1952 (Cth) – respondent outside Australia - respondent operated and maintained unauthorised "imitation" Sydney Opera House website and associated sites – declaration appropriate to mark the Court's disapproval of conduct. TRADE PRACTICES – Application under s 80 of the Trade Practices Act 1952 (Cth) for injunctive relief – respondent outside Australia – evidence of international co-operation to curb fraudulent or misleading cross-border conduct – appropriate to take into account not only formal enforcement mechanisms, but likely response of administrative agencies in foreign country – grant of injunction not futile Trade Practices Act 1952 (Cth), ss 6, 51A, 52, 53, 55A, 80, 87 Federal Court of Australia Act 1976 (Cth), s 21 Federal Court Rules, O 7 r 9, O 8 r 2 Foreign Judgments Act 1991 (Cth) Foreign Judgments (Reciprocal Enforcement) Act 1933 (UK) Australian Competition and Consumer Commission v The Shell Company of Australia (1997) 72 FCR 386 cited Dow Jones & Company Inc v Gutnick (2002) 194 ALR 433 cited Australian Competition and Consumer Commission v Hughes [2002] ATPR 41-863 cited Tobacco Institute of Australia Ltd v Australian Federation of Consumer Organisations Inc (No 2) (1993) 41 FCR 89 cited Australian Competition and Consumer Commission v The IMB Group Pty Ltd (In Liq) [1999] ATPR 41-688 cited ICI Australia Operations Pty Ltd v Trade Practices Commission (1992) 38 FCR 248 cited National Australia Bank v Dessau [1988] VR 521 cited Helicopter Utilities Pty Ltd v Australian National Airlines Commission (1961) 80 WN(NSW) 48 cited Australian Competition and Consumer Commission v Purple Harmony Plates Pty Ltd (No 3) (2002) 196 ALR 576 cited Re Liddell's Settlement Trusts [1936] Ch 365 cited Castanho v Brown & Root (UK) Ltd [1981] AC 557 cited Hope v Hope (1854) 4 De G M & G 328; 43 ER 534 cited Locabail International Finance Ltd v Agroexport [1986] 1 WLR 657 cited ICF Spry, The Principles of Equitable Remedies (6th ed, 2001) P E Nygh and M Davies, Conflict of Laws in Australia (7th ed, 2002) D Harland "The Consumer in the Globalised Information Society – The Impact of International Organisations" (1999) 7 Comp & Cons LJ 1 D Ali, "Cross Border B2C Disputes" [2002] NZLJ 31 AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v CHEN N 1039 OF 2002 SACKVILLE J SYDNEY 27 AUGUST 2003