Australian Competition & Consumer Commission v StoresOnline International Inc [2009] FCA 717

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v StoresOnline International Inc [2009] FCA 717

PRACTICE & PROCEDURE – whether evidence of witnesses in the United States should be taken by use of audiovisual facilities or given in person – the exercise of discretion as to what is appropriate in a particular case will involve a balancing exercise as to what will best serve the administration of justice consistently with maintaining justice between the parties. HELD: motion dismissed. Federal Court of Australia Act 1976 (Cth) ss 47A(1), 47C Australian Competition and Consumer Commission v World Netsafe (No. 1) (2002) 119 FCR 303 considered Australian Securities & Investments Commissioner v Rich & Ors (2004) 49 ACSR 578 applied Odhiambo v Minister for Immigration & Multicultural Affairs (2002) 122 FCR 29referred to Sunstate Airlines (Qld) Pty Ltd v First Chicago Australia Securities Ltd (unreported, NSWSC, 11 March 1997) considered

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v STORESONLINE INTERNATIONAL, INC. and STORESONLINE, INC.

NSD 1991 of 2007

EDMONDS J

6 JULY 2009

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION NSD 1991 of 2007

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: STORESONLINE INTERNATIONAL, INC.

First Respondent

STORESONLINE, INC.

Second Respondent

JUDGE: EDMONDS J

DATE OF ORDER: 6 JULY 2009

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The motion be dismissed. 2. The respondents pay the applicant's costs of the motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA