Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition & Consumer Commission v Powerballwin.com.au Pty Ltd [2010] FCA 378 Citation: Australian Competition & Consumer Commission v Powerballwin.com.au Pty Ltd [2010] FCA 378
Parties: AUSTRALIAN COMPETITION & CONSUMER COMMISSION v POWERBALLWIN.COM.AU PTY LTD, CONSTANTINE BARRIS, DAVID WALKER, MICHAEL DUGGAN and MARK ADAMS
File number(s): VID 678 of 2009
Judge: TRACEY J
Date of judgment: 23 April 2010
Catchwords: TRADE PRACTICES– misleading and deceptive conduct in trade and commerce – representations in connection with supply or possible supply of services or in connection with the promotion of services that the services had performance characteristics, uses or benefits that they did not have – declaratory, injunctive and compensatory relief granted
Legislation: Federal Court of Australia Act 1976 (Cth) s 21 Trade Practices Act 1974 (Cth) ss 51A, 52, 53, 75B, 80, 83, 87, Part V
Cases cited: Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (in liq) (2007) 161 FCR 513, approved Australian Competition and Consumer Commission v Star Promotions Club Pty Ltd [2010] FCA 139, compared Australian Competition and Consumer Commission v Z‑Tek Computer Pty Ltd (1997) 78 FCR 197, approved I & L Securities Pty Ltd v HTW Valuers (Brisbane) Pty Ltd (2002) 210 CLR 109, applied Tobacco Institute of Australia Ltd v Australian Federation of Consumer Organisations Inc (No 2) (1993) 41 FCR 89, applied OD Transport Pty Ltd v WA Government Railways Commission (1987) 13 FCR 500, approved Yorke v Lucas (1985) 158 CLR 661, applied
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