Australian Competition and Consumer Commission v Yellow Page Marketing BV [2010] FCA 1218

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Yellow Page Marketing BV [2010] FCA 1218

Citation: Australian Competition and Consumer Commission v Yellow Page Marketing BV [2010] FCA 1218

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v YELLOW PAGE MARKETING BV and YELLOW PUBLISHING LTD

File number: VID 942 of 2010

Judge: GORDON J

Date of judgment: 8 November 2010

Date of hearing: 5 and 8 November 2010

Date of last submissions: 8 November 2010

Place: Melbourne

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 59

Counsel for the Applicant: Mr P Gray

Solicitor for the Applicant: Corrs Chambers Westgarth

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

GENERAL DIVISION VID 942 of 2010

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: YELLOW PAGE MARKETING BV

First Respondent

YELLOW PUBLISHING LTD

Second Respondent

JUDGE: GORDON J

DATE OF ORDER: 8 NOVEMBER 2010

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Pursuant to Order 8 Rule 3 of the Federal Court Rules, the Applicant (the ACCC) have leave to serve: (a) the Fast Track Application dated 4 November 2010; (b) the Fast Track Statement dated 4 November 2010; (c) the ACCC's Notice of Motion dated 4 November 2010; (d) the Affidavit of Katherine Stavrinidis sworn on 3 November 2010; (e) the Affidavit of John William Fogarty affirmed on 3 November 2010; (f) the Second Affidavit of John William Fogarty affirmed on 4 November 2010; (g) the Second Affidavit of Katherine Stavrinidis sworn on 5 November 2010; (h) the Affidavit of David Paul Chiappetta affirmed on 5 November 2010; and (i) this Order and the Reasons for Judgment dated 8 November 2010, outside the Commonwealth by: (i) employing a competent person in The Netherlands to serve the documents on the First Respondent (YPM), a company incorporated and registered in The Netherlands, by personally delivering the documents to YPM's registered address at Jan Pieterszoon Coenstraat 7, 2595WP, Den Haag (The Hague), NL (The Netherlands)or, if informed otherwise by YPM, at a place or by a means reasonably designated by YPM, such service being deemed good and sufficient service of the documents on YPM as of the time of delivery; and (ii) employing an English solicitor to serve the documents on the Second Respondent (YPL), a company incorporated and registered in England and Wales, by personally delivering the documents to YPL's registered address at 111 Piccadilly, Manchester, United Kingdom, M1 2HY, or, if informed otherwise by YPL, by personally delivering the documents at a place and by a means reasonably designated by YPL, such service being deemed good and sufficient service of the documents on YPL as of the time of delivery. 2. In addition to the leave referred to in paragraph (1) above, pursuant to O 7 r 9 of the Federal Court Rules, the ACCC has leave to serve the documents referred to in paragraphs 1(a) to 1(i) above on YPM and YPL by serving the documents on the office of Phillips, Ormonde & Fitzpatrick at 367 Collins Street, Melbourne, such service being deemed good and sufficient service of the documents on YPM and YPL as of the time of delivery. After such service, the ACCC must attempt to notify YPM and YPL that such service has occurred by: (a) Sending a facsimile transmission to that effect to +31 70 799 93 70, marked to the attention of "Mr Steve Green or other proper officer", Yellow Page Marketing BV, Legal Department and marked "Important Legal Document"; and (b) Sending an email to that effect to info@yellowpage-group.com, marked to the attention of "Mr Steve Green or other proper officer", Yellow Page Marketing BV, Legal Department and marked "Important Legal Document"; and (c) Sending a letter to that effect by mail to "Mr Steve Green or other proper officer", Yellow Page Marketing BV, Legal Department, Jan Pieterszoon Coenstraat 7, 2595WP, Den Haag, The Netherlands; and (d) Sending an email to that effect to info@yellowpublishing.com, marked to the attention of "The Proper Officer, Yellow Publishing Ltd" and marked "Important Legal Document". 3. Until 4:00pm on 19 November 2010, or further order, YPM and YPL, whether by themselves, their agents, servants or howsoever otherwise, be restrained from: (a) sending any communication in the form of the facsimile at Annexure A to this Order to any individual or company operating a business in Australia, regardless of what letterhead or logo is used in the communication or the mechanism through which payment is requested; and (b) taking any step to obtain payment from any individual or company operating a business in Australia in respect of any invoice in the form of the invoice in Annexure B to this Order (including any invoice in that form which identifies different customer details and any invoice in that form which refers to another State or a city of Australia in place of the words "Western Australia" or "western australia" or "westernaustralia"), regardless of the mechanism through which payment is requested. 4. The ACCC's Notice of Motion dated 4 November 2010 otherwise be adjourned to 9:15am on 19 November 2010. 5. Costs reserved.