Australian Competition & Consumer Commission v Worldplay Services Pty Ltd (ACN 100 713 086) [2004] FCA 1138

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Worldplay Services Pty Ltd [2004] FCA 1138 TRADE PRACTICES – pyramid selling – territorial issue – scheme related to global internet gambling business that operated outside territorial boundary of Australia – scheme website not accessible using internet connection provided by an Australian internet service provider – whether pyramid selling provisions operated in these circumstances TRADE PRACTICES – s 65AAB – definition of "participate"– whether "take part in the scheme" includes persons who provide services to existing participants in a scheme – purpose of pyramid selling provisions – significance of penal character of provisions – scheme structured in a fragmented way involving multiple entities in various countries TRADE PRACTICES – s 65AAD – meaning of "entirely or substantially induced" TRADE PRACTICES – s 65AAD – meaning of "in relation to" – whether it includes benefits paid as a result of the subsequent activities of the members introduced by a new member EVIDENCE – Evidence Act 1995 (Cth) – business records exception

Acts Interpretation Act 1901 (Cth) s 21(1)(b) Evidence Act 1995 (Cth) s 69 Trade Practices Act 1974 (Cth) s 2, s 5, s 6(3), s 65AAB, s 65AAC, s 65AAD, s 65AAE, s 75AZO, s 75B

Australian Competition and Consumer Commission v Destiny Telecom International Incorporated (1997) ATPR 41-588 cited Australian Competition and Consumer Commission v McCaskey (2000) 104 FCR 8 cited Australian Securities and Investment Commission v Young (2003) 173 FLR 441 cited Australian Softwood Forests Pty Ltd v Attorney-General for New South Wales; Ex rel Corporate Affairs Commission (1981) 148 CLR 121 applied Beckwith v R (1976) 135 CLR 569 cited Bray v F Hoffman-La Roche Ltd (2002) 118 FCR 1 cited Commissioner for Corporate Affairs v Bracht [1989] VR 821 cited Commissioner for Superannuation v Scott (1987) 13 FCR 404 cited Harris v Commissioner of Taxation (2002) 125 FCR 46 cited Hawkins v Price [2004] WASCA 95 cited Minister for Immigration and Multicultural Affairs v Graovac [1999] FCA 1690 cited Newcastle City Council v GIO General Ltd (1997) 191 CLR 85 cited O'Grady v Northern Queensland Company Ltd (1990) 169 CLR 356 cited Radio 2UE Sydney Pty Ltd v Stereo FM Pty Ltd (1982) 44 ALR 557 cited Sherman v Australian Competition and Consumer Commission (2003) 47 ACSR 505 cited The Syndicate Club Pty Ltd v State of Queensland [2003] QSC 104 cited Tillmans Butcheries Pty Ltd v Australasian Meat Industries Employees' Union (1979) 27 ALR 367 cited Wells v John R Lewis (International) Pty Ltd (1975) 25 FLR 194 cited