Australian Competition & Consumer Commission v Zanok Technologies Pty Ltd [2009] FCA 1124

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Zanok Technologies Pty Ltd [2009] FCA 1124 TRADE PRACTICES – conduct in contravention of ss 51AA, 52, 53 and 58 of the Trade Practices Act 1974 (Cth) – whether the respondents knew or ought to have known of the special disadvantage of the job applicants and whether the respondents took unfair advantage of the opportunity presented – the conduct complained of amounted to an unconscientious exploitation of another's inability or diminished ability to conserve his or her own interests – conduct complained of was liable to mislead a person seeking employment as to availability, nature, terms or conditions or any other matter relating to employment. Trade Practices Act 1974 (Cth) ss 51AA, 52, 53B, 58, 75B, 80(1AA) Federal Court of Australia Rules O 9 r 1(3) Australian Competition & Consumer Commission v CG Berbatis Holdings Pty Limited (2003) 214 CLR 51 considered Australian Competition & Consumer Commission v Chats House Investments (1996) 71 FCR 250referred to Australian Competition & Consumer Commission v Goldy Motors Pty Limited (2001) ATPR 41-801 cited Australian Competition & Consumer Commission v Henry Kaye and National Investment Institute Pty Limited [2004] FCA 1363 considered Australian Competition & Consumer Commission v Target Australia Pty Limited (2001) ATPR 41-840 cited Australian Competition & Consumer Commission v Z-Tek Computer Pty Limited (1997) 78 FCR 197referred to Glev Pty Limited v Kentucky Fried Chicken Pty Limited (1994) ATPR 41-299 referred to ICI Australia Operations Pty Limited v TPC (1992) 38 FCR 248referred to Louth v Diprose (1992) 175 CLR 621 referred to Tobacco Institute of Australia Limited v Australian Federation of Consumer Organisations Inc (1993) 41 FCR 89applied TPC v Mobil Oil Australia Limited (1985) 4 FCR 296 cited Yorke v Lucas (1985) 158 CLR 661 applied AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v ZANOK TECHNOLOGIES PTY LIMITED, DARLEY STEPHEN and VANITHA DARLEY