Australian Competition & Consumer Commission v IT & T AG [2004] FCA 959

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v IT & T AG [2004] FCA 959 TRADE PRACTICES – misleading or deceptive conduct – website being an internet directory and a CD-ROM directory – representations that each of the companies and persons carrying on business within Australia listed within the internet directory had corresponded with the respondent with a view to becoming a listed member in the internet directory and had each given their authority or consent for their names, addresses and particulars to be entered in the directory – such representations false – making of such representations constituted conduct in trade or commerce that was misleading or deceptive or likely to mislead or deceive – injunctive relief TRADE PRACTICES – assertion of a right to payment in circumstances in which the respondent asserting the right did not know or did not have reasonable cause to believe that the making of the entry was authorised – dispatch to companies and persons carrying on business within Australia of documents in the form of invoices or demands – invoices representing that payment for entry as a listed member in the internet directory and the CD-ROM directory was due and payable – if payment made within 14 days amount due and payable would be reduced by 3% - assertion that the respondent had a presently existing right to payment – each of the invoices was a bill, invoice or statement of an amount due – failure to state as prominently that no claim is made to the price – documents asserted a right to payment contrary to the Act – injunctive relief Trade Practices Act 1974 (Cth) ss 52, 55A, 64(2A), 64(3), 64(5)(e) Federal Court Rules O 8 Div 3 AUSTRALIAN COMPETITION & CONSUMER COMMISSION V IT & T AG W96 of 2002 RD NICHOLSON 16 JULY 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA