Australian Competition and Consumer Commission v European City Guide S L [2011] FCA 804

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v European City Guide S L [2011] FCA 804 Citation: Australian Competition and Consumer Commission v European City Guide S L [2011] FCA 804

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v EUROPEAN CITY GUIDE S L

File number: NSD 879 of 2009

Judge: MOORE J

Date of judgment: 22 July 2011

Catchwords: TRADE PRACTICES – misleading and deceptive conduct – forms – where forms sent to businesses and organisations purport to come from an agency of the Australian Government or an agency of the Australian Government requesting business's or organisation's details for a register – forms actually offer a paid subscription to listing services to website and CD-Rom of a private Spanish company – whether forms misleading and deceptive – whether ACCC failed to act as a model litigant where there was an obligation to act

Legislation: Evidence Act 1995 (Cth) s 69 Federal Court of Australia Act 1976 (Cth) ss 21, 80, 86C Legal Services Directions 2005 (Cth) App B Trade Practices Act 1974 (Cth) ss 52, 53

Cases cited: Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (2007) 161 FCR 513 Australian Competition and Consumer Commission v Dukemaster [2009] FCA 682 Australian Competition and Consumer Commission v Marksun Australia Pty Ltd [2011] FCA 695 Campomar Sociedad, Limitada & Anor v Nike International Ltd (2000) 202 CLR 45 Global Sportsman Pty Ltd v Mirror Newspapers Ltd (1984) 2 FCR 82 Granitigard Pty Ltd v Termicide Pest Control Pty Ltd [2011] FCAFC 81 Kenny v South Australia (1987) 46 SASR 268 Melbourne Steamship Co Ltd v Moorehead (1912) 15 CLR 133 Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191 Taco Co of Australia Inc v Taco Bell Pty Ltd (1982) 42 ALR 177 Yong Jun Qin v Minister for Immigration and Multicultural Affairs (1997) 75 FCR 155