Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v PayPal Australia Pty Limited [2024] FCA 762 File number: NSD 971 of 2023
Judgment of: MOSHINSKY J
Date of judgment: 4 July 2024
Catchwords: CORPORATIONS – unfair contract terms – where the respondent included a term to the effect that the user of its services had 60 days to notify the respondent in writing of any fee error and that, if the user did not notify the respondent within that time, the respondent would have no obligation to correct the error – where ASIC commenced a proceeding contending that the term was an unfair term within the meaning of the relevant provision, and void in standard form contracts with small businesses – where the respondent made admissions and the parties jointly proposed that the Court make declarations and an injunction – held: declarations and orders made substantially in the terms proposed by the parties
Legislation: Australian Securities and Investments Commission Act 2001 (Cth), ss 5, 12BAA, 12BF, 12BG, 12BH, 12BK, 12GD, 12GNB, 12GNC, 12GND Banking Act 1959 (Cth), s 9 Competition and Consumer Act 2010 (Cth), Sch 2, Australian Consumer Law, s 23 Corporations Act 2001 (Cth), ss 9, 762C, 913B Federal Court of Australia Act 1976 (Cth), s 21 Payment Systems (Regulation) Act 1998 (Cth), s 9
Cases cited: Australian Competition and Consumer Commission v Chrisco Hampers Australia Ltd [2015] FCA 1204; 239 FCR 33 Australian Competition and Consumer Commission v CLA Trading Pty Ltd [2016] FCA 377; (2016) ATPR ¶42–517 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2014] FCA 1405 Australian Competition and Consumer Commission v Employsure Pty Ltd [2020] FCA 1409 Australian Competition and Consumer Commission v JJ Richards & Sons Pty Ltd [2017] FCA 1224 Australian Competition and Consumer Commission v Smart Corporation Pty Ltd (No 3) [2021] FCA 347; 153 ACSR 347 Australian Securities and Investments Commission v Bank of Queensland [2021] FCA 957; 155 ACSR 468 Australian Securities and Investments Commission v Bendigo and Adelaide Bank Limited [2020] FCA 716 Commonwealth v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; 258 CLR 482 Forster v Jododex Australia Pty Ltd [1972] HCA 61; 127 CLR 421 Karpik v Carnival plc [2023] HCA 39; 98 ALJR 45 Paciocco v Australia and New Zealand Banking Group Ltd [2015] FCAFC 50; 236 FCR 199
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