Australian Competition and Consumer Commission v Roberson [2008] FCA 1735

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Roberson [2008] FCA 1735 PRACTICE AND PROCEDURE – application for orders on default under Order 35A rule 3(2)(c) TRADE PRACTICES – appropriate relief for non-compliance with an undertaking given under s 87B(1) Trade Practices Act 1974 (Cth)ss 87B(1) and 87B(4) Federal Court Rules O4 r8, O9 r2(1) and r2(2),O11 r20, O35A r2(2), O35A r 3(2) and O35A r3(2)(c) Federal Court of Australia Act 1976 (Cth) s 21 Universal City Studios LLLP v Hoey t/as DVD Kingdom (2006) 232 ALR 525 Australian Competition and Consumer Commission v Dataline.net.au Pty Ltd (ACN 075 400 529) (2006) ('Dataline.net.au') 236 ALR 665 Bank of Kuwait and the Middle East v Ship MV "Mawashi Al Gasseem" (No 2) (2007) 240 ALR 120 Australian Competition and Consumer Commission v Dataline.net.au Pty Ltd (in liquidation) (2007) 161 FCR 513 Australian Competition and Consumer Commission v Storesonline International, Inc (2007) ATPR 48,236 Hadgkiss v Aldin (No 2) (2007) 169 IR 76 AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v RICHARD ALEXANDER ROBERSON

NSD 1290 of 2008

GRAHAM J

4 NOVEMBER 2008

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1290 of 2008

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: RICHARD ALEXANDER ROBERSON

Respondent

JUDGE: GRAHAM J

DATE OF ORDER: 4 NOVEMBER 2008

WHERE MADE: SYDNEY

THE COURT:

1. Declares that the respondent (also known as Richard James) has breached paragraph 11 of the undertaking pursuant to section 87B of the Trade Practices Act 1974 (Cth) ("the Act") executed by him and accepted by the applicant on 2 April 2008 (the Undertaking), by failing to provide the letter in the form and terms of "Annexure A" to the Undertaking (see Schedule 1 hereto) to all persons for whom he had address information and who had subscribed to the service that the respondent trading as Backpacker Employment Services (BES) offered in the period from May 2007 to October 2007 (inclusive), within 30 days of the Undertaking coming into effect, or at all.