Australian Competition and Consumer Commission v Sony Interactive Entertainment Network Europe Limited [2020] FCA 787

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Sony Interactive Entertainment Network Europe Limited [2020] FCA 787 File number: VID 554 of 2019

Judge: STEWARD J.

Date of judgment: 5 June 2020

Catchwords: CONSUMER LAW – misleading or deceptive conduct – false or misleading representations about goods or services – admitted contraventions of ss. 18 and 29(1)(m) of the Australian Consumer Law – where implied representation made that users of the PlayStation Network do not have guarantees as to the quality, functionality, completeness, accuracy or performance of purchased digital games – where representations made to Australian consumers that users of the PlayStation Network could not obtain a refund of funds added to the PlayStation Network wallet – where various representations made to five individual users of the PlayStation Network in respect of the availability of a refund – whether agreed relief appropriate having regard to all relevant circumstances

Legislation: Competition and Consumer Act 2010 (Cth.) Sch. 2, Australian Consumer Law, ss. 18, 29, 54, 55, 56, 224, 247, 259, 263 Evidence Act 1995 (Cth.) s. 191 Federal Court of Australia Act 1976 (Cth.) ss. 21, 37AF

Cases cited: Ainsworth v. Criminal Justice Commission (1992) 175 C.L.R. 564 Australian Building and Construction Commissioner v. Construction, Forestry, Mining and Energy Union (2018) 262 C.L.R. 157 Australian Competition and Consumer Commission v. amaysim Energy Pty Ltd (trading as Click Energy) [2019] FCA 430 Australian Competition and Consumer Commission v. Apple Pty Ltd (No 4) [2018] FCA 953 Australian Competition and Consumer Commission v. Australia and New Zealand Banking Group Limited [2016] FCA 1516; (2016) 118 A.C.S.R. 124 Australian Competition and Consumer Commission v. Bupa Aged Care Australia Pty Ltd [2020] FCA 602 Australian Competition and Consumer Commission v. Cement Australia Pty Ltd (2017) 258 F.C.R. 312 Australian Competition and Consumer Commission v. Coles Supermarkets Australia Pty Ltd [2014] FCA 634; (2014) 317 A.L.R. 73 Australian Competition and Consumer Commission v. Coles Supermarkets Australia Pty Limited [2015] FCA 330; (2015) 327 A.L.R. 540 Australian Competition and Consumer Commission v. EnergyAustralia Pty Ltd (2014) 234 F.C.R. 343 Australian Competition and Consumer Commission v. Ford Motor Company of Australia Ltd [2018] FCA 703; (2018) 360 A.L.R. 124 Australian Competition and Consumer Commission v. Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181; (2016) 340 A.L.R. 25 Australian Competition and Consumer Commission v. Telstra Corporation Ltd (2010) 188 F.C.R. 238 Australian Competition and Consumer Commission v. TPG Internet Pty Ltd (2013) 250 C.L.R. 640 Australian Competition and Consumer Commission v. Ultra Tune Australia Pty Ltd [2019] FCA 12 Australian Competition and Consumer Commission v. Valve Corporation (No 3) [2016] FCA 196; (2016) 337 A.L.R. 647 Australian Competition and Consumer Commission v. Valve Corporation (No 7) [2016] FCA 1553 Australian Competition and Consumer Commission v. Volkswagen Aktiengesellschaft [2019] FCA 2166 Australian Competition and Consumer Commission v. We Buy Houses Pty Ltd [2017] FCA 915 Australian Competition and Consumer Commission v. Yazaki Corporation (2018) 262 F.C.R. 243 Butcher v. Lachlan Elder Realty Pty Ltd (2004) 218 C.L.R. 592 Campbell v. Backoffice Investments Pty Ltd (2009) 238 C.L.R. 304 Campomar Sociedad Limitada v. Nike International Ltd (2000) 202 C.L.R. 45 Clean Energy Regulator v. MT Solar Pty Ltd [2013] FCA 205 Commonwealth v. Director, Fair Work Building Industry Inspectorate (2015) 258 C.L.R. 482 Construction, Forestry, Mining and Energy Union v. Cahill [2010] FCAFC 39; (2010) 194 I.R. 461 Forster v. Jododex Australia Pty Ltd (1972) 127 C.L.R. 421 Markarian v. The Queen (2005) 228 C.L.R. 357 Motorola Solutions, Inc. v. Hytera Communications Corporation Ltd (No 2) [2018] FCA 17 National Exchange Pty Ltd v. Australian Securities and Investments Commission [2004] FCAFC 90; (2004) 49 A.C.S.R. 369 NW Frozen Foods Pty Ltd v. Australian Competition and Consumer Commission (1996) 71 F.C.R. 285 Parkdale Custom Built Furniture Pty Ltd v. Puxu Pty Ltd (1982) 149 C.L.R. 191 Tobacco Institute of Australia Ltd v. Australian Federation of Consumer Organisations Inc. (1992) 38 F.C.R. 1 Trade Practices Commission v. CSR Ltd [1990] FCA 762; [1991] A.T.P.R. ¶41 076 Trade Practices Commission v. TNT Australia Pty Ltd [1995] A.T.P.R. ¶41-375