Australian Competition and Consumer Commission v Pacnet Services Ltd [2007] FCA 264

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Pacnet Services Ltd [2007] FCA 264 AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v PACNET SERVICES LTD, PACIFIC NETWORK SERVICES LTD, PACIFIC NETWORK SERVICES (EUROPE) LTD AND CHEXX INC QUD60 OF 2007

COLLIER J

23 FEBRUARY 2007

BRISBANE IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD60 OF 2007

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: PACNET SERVICES LTD

First Respondent

PACIFIC NETWORK SERVICES LTD

Second Respondent

PACIFIC NETWORK SERVICES (EUROPE) LTD

Third Respondent

CHEXX INC

Fourth Respondent

JUDGE: COLLIER J DATE OF ORDER: 23 FEBRUARY 2007

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. Upon the applicant giving the usual undertaking as to damages, and pending further or other order, each of the respondents be restrained from removing from Australia, or otherwise dealing with, any cheques in Australia for presentation by it to any bank or any funds held by it in bank accounts in Australia, including funds held in accounts numbered 204105, 224288, 224309 and 228682 at the Brisbane branch BSB 034000 of the Westpac Banking Corporation for, or on behalf of, or in relation to those persons it acts for or on behalf of when dealing with cheques made out to any of the following namely: 1.1 SMG 1.2 Sentinel Marketing Group 1.3 NAC 1.4 Worldwide Cash Registry 1.5 WCR 1.6 TAC 1.7 Smithhaven 1.8 FDF 1.9 TWI 1.10 HGA 1.11 CHP 1.12 TDFINT 1.13 Security Services 1.14 International Award Treasury 1.15 CPH 1.16 ACP 1.17 National Winner Identifiers 1.18 NWI 1.19 Gold Rush Sweepstakes Release 1.20 GSR 1.21 Huntington Prize Report 1.22 HPR 1.23 Bank Vault 1.24 Adler and Associated 1.25 A&A 1.26 PWI 1.27 Cashalert 1.28 Cashorama 1.29 Paid 1.30 OUP 1.31 Rutger & Co 1.32 CDJ 1.33 IPD 1.34 CDI 1.35 MWAC 1.36 CAR 1.37 CAHQ 1.38 CAP 1.39 CACH 1.40 E&S Inc 1.41 FPR 1.42 IEA 1.43 Winners Circle 1.44 Payment Reporting System 1.45 Release Delivered 1.46 RRCD 1.47 Hemstead Rosen Cornwall 1.48 DC Bureau 1.49 RCRS 1.50 CAHCO 1.51 Cornerstone Finance 1.52 PRCO 1.53 Release Delivery 1.54 IMP 1.55 CTDS 1.56 CAL 1.57 Prize giveaway 1.58 CIDS 1.59 Monies Advisory. 2. Each of the respondents, by no later than 7 days from the date of these orders, provides to the applicant at its offices at Level 3, 500 Queen Street, Brisbane, Queensland, Australia: 2.1 a list of all bank accounts operated in Australia by them, or by any other person in relation to their business of collecting or distributing funds in Australia, whether on behalf of themselves or other persons, specifying: 2.1.1 the name and number of the account; 2.1.2 the bank and branch at which it is held; 2.1.3 the daily balances in the account for each day from 23 November 2006 to 23 February 2007; 2.2 in respect of each account so identified a list specifying the person or persons on whose behalf, or in relation to whom, they are seeking to present cheques, deposit funds or remit funds specifying in each case: 2.2.1 all known particulars of the said person or persons including their contact details, the country or countries in which they are based or operate and the accounts into which funds collected on their behalf are to be paid; 2.2.2 the present amount held in Australia and the present value of cheques to be presented in Australia, for each such person; 2.2.3 the total amounts collected for each such person in Australia since 1 November 2006; 2.2.4 if known, the business or businesses conducted by each such person in Australia; 2.2.5 the person or persons on behalf of whom they deposit cheques made out to: 2.2.5.1 SMG 2.2.5.2 Sentinel Marketing Group 2.2.5.3 NAC 2.2.5.4 Worldwide Cash Registry 2.2.5.5 WCR 2.2.5.6 TAC 2.2.5.7 Smithhaven 2.2.5.8 FDF 2.2.5.9 TWI 2.2.5.10 HGA 2.2.5.11 CHP 2.2.5.12 TDFINT 2.2.5.13 Security Services 2.2.5.14 International Award Treasury 2.2.5.15 CPH 2.2.5.16 ACP 2.2.5.17 National Winner Identifiers 2.2.5.18 NWI 2.2.5.19 Gold Rush Sweepstakes Release 2.2.5.20 GSR 2.2.5.21 Huntington Prize Report 2.2.5.22 HPR 2.2.5.23 Bank Vault 2.2.5.24 Adler and Associated 2.2.5.25 A&A 2.2.5.26 PWI 2.2.5.27 Cashalert 2.2.5.28 Cashorama 2.2.5.29 Paid 2.2.5.30 OUP 2.2.5.31 Rutger & Co 2.2.5.32 CDJ 2.2.5.33 IPD 2.2.5.34 CDI 2.2.5.35 MWAC 2.2.5.36 CAR 2.2.5.37 CAHQ 2.2.5.38 CAP 2.2.5.39 CACH 2.2.5.40 E&S Inc 2.2.5.41 FPR 2.2.5.42 IEA 2.2.5.43 Winners Circle 2.2.5.44 Payment Reporting System 2.2.5.45 Release Delivered 2.2.5.46 RRCD 2.2.5.47 Hemstead Rosen Cornwall 2.2.5.48 DC Bureau 2.2.5.49 RCRS 2.2.5.50 CAHCO 2.2.5.51 Cornerstone Finance 2.2.5.52 PRCO 2.2.5.53 Release Delivery 2.2.5.54 IMP 2.2.5.55 CTDS 2.2.5.56 CAL 2.2.5.57 Prize giveaway 2.2.5.58 CIDS 2.2.5.59 Monies Advisory. 3. Until further order, service of the orders, together with the application and supporting affidavit be effected on the respondents by: 3.1 forwarding a copy of the same by electronic mail to the respondents at info@pacnetservices.com and info@chexxinc.com; and 3.2 delivering a copy of same to Hopgood and Ganim, solicitors, Brisbane; and 3.3 forwarding a copy of same by electronic mail to Westpac Banking Corporation at spacialis@westpac.com.au; and 3.4 delivering a copy of same to the Queen and George Streets branch of Westpac Banking Corporation. 4. Parties have liberty to apply on 2 days notice. 5. The matter be listed for further hearing on 2 March 2007.