Australian Competition and Consumer Commission v StoresOnline International, Inc. [2007] FCA 1597

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v StoresOnline International, Inc. [2007] FCA 1597 TRADE PRACTICES – application for enforcement of undertaking under s 87B of the Trade Practices Act 1974 (Cth) – jurisdiction of the Court invoked – breach of undertaking established – injunctive relief granted to ensure compliance with undertaking – balance of convenience mandates injunctions granted until further order.

Federal Court of Australia Act 1976 (Cth) s 23 Trade Practices Act 1974 (Cth) ss 80, 87B Trade Practices Legislation Amendment Act 1992 (Cth) s 13

ACCC v Signature Security Group Pty Ltd (2003) ATPR 41-908 cited Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1 considered Thomson Australian Holdings Pty Ltd v Trade Practices Commission (1981) 148 CLR 150 considered Trade Practices Commission v Santos Ltd (1992) 38 FCR 382 cited AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v STORESONLINE INTERNATIONAL, INC. AND STORESONLINE, INC. NSD 1991 OF 2007

TAMBERLIN J

19 OCTOBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1991 OF 2007

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: STORESONLINE INTERNATIONAL, INC.

First Respondent

STORESONLINE, INC.

Second Respondent

JUDGE: TAMBERLIN J DATE OF ORDER: 19 OCTOBER 2007

WHERE MADE: SYDNEY

THE COURT DIRECTS THAT:

1. The parties agree Short Minutes of Order giving effect to these reasons, and provide them to the associate to Tamberlin J no later than 5.00 pm on Friday 26 October 2007. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1991 OF 2007