Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Communications and Media Authority v Mobilegate Ltd A Company Incorporated in Hong Kong (No 7) [2010] FCA 133 Citation: Australian Communications and Media Authority v Mobilegate Ltd A Company Incorporated in Hong Kong (No 7) [2010] FCA 133
Parties: AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY v MOBILEGATE LTD A COMPANY INCORPORATED IN HONG KONG, WINNING BID PTY LTD ACN 121 026 793, JOBSPY PTY LTD ACN 112 801 073, SIMON ANTHONY OWEN, TAREK ANDREAS SALCEDO, SCOTT MARK MOLES, GLENN CHRISTOPHER MAUGHAN and SCOTT GREGORY PHILLIPS
File number: QUD 426 of 2008
Judge: LOGAN J
Date of judgment: 8 February 2010
Corrigendum: 5 March 2010
Catchwords: PRACTICE AND PROCEDURE – Civil Penalty Proceedings – No case to answer submissions – Whether a Respondent is required to be put to an election – Held in the circumstance Respondent should be put to an election
Legislation: Spam Act 2003 (Cth) s 16 Trade Practices Act 1974 (Cth) s 52 Federal Court RulesO 32 r 4(4)
Cases cited: True Floor Service Proprietary Limited v Jenkins (No 2) (2006) 232 ALR 532 (distinguished) Protean (Holdings) Limited (Receivers and Managers appointed) and American Home Assurance Company [1985] VR 187 (followed) Cahill v Construction Forestry, Mining and Energy Union (No 2) (2008) 170 FCR 357 (distinguished) Compaq Computer Australia Proprietary Limited v Mary (1998) 157 ALR 1 (cited) Australian Competition and Consumer Commission v Amcor Printing Papers Group Limited (2009) 169 ALR 344 (cited)
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