Australian Competition and Consumer Commission v Lyoness Australia Pty Limited [2015] FCA 1129

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Lyoness Australia Pty Limited [2015] FCA 1129 Citation: Australian Competition and Consumer Commission v Lyoness Australia Pty Limited [2015] FCA 1129

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v LYONESS AUSTRALIA PTY LIMITED, LYONESS ASIA LIMITED (HONG KONG COMPANY NUMBER 1619260), LYONESS UK LIMITED (UK COMPANY NUMBER 06932198) and LYONESS INTERNATIONAL AG (SWISS COMPANY NUMBER CHE-114.950.380)

File number: NSD 884 of 2014

Judge: FLICK J

Date of judgment: 23 October 2015

Catchwords: TRADE PRACTICES – pyramid selling – participation payments by "some or all" of the participants – recruitment payments – benefits "in relation to the introduction" of new participants TRADE PRACTICES – referral selling – receive a benefit "in return for" the giving of names EVIDENCE – judicial notice – disposable income of consumers PRACTICE AND PROCEDURE – leave to amend – series of applications made during hearing

Legislation: Competition and Consumer Act 2010 (Cth), s 154X, Sch 2 (Australian Consumer Law), ss 44, 45, 46, 49 Evidence Act 1995 (Cth), s 144 Trade Practices Act 1974 (Cth), ss 57, 65AAD

Cases cited: Australian Communications Network Pty Ltd v Australian Competition and Consumer Commission [2005] FCAFC 221, (2005) 146 FCR 413 Australian Competition and Consumer Commission v Destiny Telecom International Inc (1997) ATPR 41-588 Australian Competition and Consumer Commission v Giraffe World Australia Pty Ltd (No 2) [1999] FCA 1161, (1999) 95 FCR 302 Australian Competition and Consumer Commission v Golden Sphere International Inc (1998) 83 FCR 424 Australian Competition and Consumer Commission v Jutsen (No 3) [2011] FCA 1352, (2011) 206 FCR 264 Australian Competition and Consumer Commission v World Netsafe Pty Ltd [2000] FCA 1827 Australian Competition and Consumer Commission v Worldplay Services Pty Ltd [2004] FCA 1138, (2004) 210 ALR 562 Australian Softwood Forests Pty Ltd v Attorney-General (NSW); Ex rel Corporate Affairs Commission (1981) 148 CLR 121 Norrie v New South Wales Registrar of Births, Deaths and Marriages [2013] NSWCA 145, (2013) 84 NSWLR 697 Owens v Repatriation Commission (1995) 59 FCR 559 Sherman as liq of Giraffe World Australia Pty Ltd (in liq) v Australian Competition and Consumer Commission [2003] NSWSC 996, (2003) 47 ACSR 505 Sherwood & Roberts-Yakima Inc v Leach 409 P 2d 160 (1965) Corones, Pyramid selling schemes caught by the Trade Practices Act: some much needed clarification, (2001) 29 Aust Bus L Rev 348