Australian Competition and Consumer Commission v viagogo AG [2019] FCA 544

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v viagogo AG [2019] FCA 544 File number(s): NSD 1489 of 2017

Judge(s): BURLEY J

Date of judgment: 18 April 2019

Catchwords: CONSUMER LAW – misleading or deceptive conduct – contravention of ss 18, 29(1) and/or 34 of the Australian Consumer Law – part price representations in contravention of s 48(1) of the Australian Consumer Law – where respondent represented that it was an authorised or official seller of tickets when it was not – where respondent made representations as to number of tickets remaining available for sale from the venue when in fact remaining tickets available were only from the respondent – where total price not adequately disclosed because of additional fees– where part price representations were made in breach of s48(1) – conduct in contravention of the Australian Consumer Law for each of the alleged misrepresentations

Legislation: Competition and Consumer Act 2010 (Cth) Schedule 2, ss 18, 29(1), 34, 48 Evidence Act 1995 (Cth) ss 55, 140 Judiciary Act 1903 (Cth) s 39B Trade Practices Act 1974 (Cth) ss 52, 53C

Cases cited: Australian Competition and Consumer Commission v AirAsia Berhad Company [2012] FCA 1413 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2014] FCA 634; 317 ALR 73 Australian Competition and Consumer Commission v Jetstar Airways Pty Ltd [2015] FCA 1263 Australian Competition and Consumer Commission v Le Sands Restaurant [2011] FCA 105 Australian Competition and Consumer Commission v Singtel Optus Pty Ltd [2010] FCA 1177 Australian Competition and Consumer Commission v Titan Marketing Pty Ltd [2014] FCA 913 Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2011] FCA 1254 Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54; (2013) 250 CLR 640 Australian Competition and Consumer Commission v We Buy Houses Pty Ltd [2017] FCA 915 Briginshaw v Briginshaw (1938) 60 CLR 336 Butcher v Lachlan Elder Realty Pty Ltd [2004] HCA 60; 218 CLR 592 Cadbury Schweppes Pty Ltd v Darrell Lea Chocolate Shops Pty Ltd (No 4) [2006] FCA 446; 229 ALR 136 Campomar Sociedad, Limitada v Nike International Limited [2000] HCA 12; 202 CLR 45 CRW Pty Ltd v Sneddon (1972) AR (NSW) 17 Global Sportsman Pty Ltd v Mirror Newspapers Ltd [1984] FCA 167; 2 FCR 82 Google Inc v Australian Competition and Consumer Commission [2013] HCA 1; 249 CLR 435 Medical Benefits Fund of Australia Ltd v Cassidy (2003) 135 FCR 1 National Exchange Pty Ltd v Australian Securities and Investments Commission [2004] FCAFC 90; 61 IPR 420 Parkdale Custom Built Furniture Proprietary Limited v Puxu Proprietary Limited [1982] HCA; 149 CLR 191 Peter Bodum A/S v DKSH Australia Pty Ltd [2011] FCAFC 98; 280 ALR 639 S & I Publishing Pty Ltd v Australian Surf Life Saver Pty Ltd [1998] FCA 1463; 168 ALR 396 SAP Australia Pty Ltd v Sapient Australia Pty Ltd [1999] FCA 1821; 169 ALR 1 State Government Insurance Corporation v Government Insurance Office of New South Wales (1991) 28 FCR 511 TPG Internet Pty Ltd v ACCC [2012] FCAFC 190; 210 FCR 277 Valve v Australian Competition and Consumer Commission [2017] FCAFC 224; 351 ALR 584 Verrocchi v Direct Chemist Outlet Pty Ltd [2015] FCA 234; (2015) 112 IPR 200 Verrocchi v Direct Chemist Outlet Pty Ltd [2016] FCAFC 104; 247 FCR 570