Austin Customs Agents Pty Ltd v Breakfast Bytes Pty Ltd [2000] NSWFTT 8

Fair Trading Tribunal New South Wales

CITATION: Austin Customs Agents Pty Ltd v Breakfast Bytes Pty Ltd [2000] NSWFTT 8 DIVISION: Consumer Claims Division PARTIES: APPLICANT: Austin Customs Agents Pty Ltd RESPONDENT: Breakfast Bytes Pty Ltd FILE NUMBER: CO 1999/5599 HEARING DATES: 14 February 2000 SUBMISSIONS CLOSED: DATE OF DECISION: 02/05/2000

BEFORE: PH Molony Senior Member Electronic Commerce Act 1999 (Cth) LEGISLATION CITED : Fair Trading Act 1987 - ss58 59 Freeman and Lockyer v Buckwurst Park Properties Ltd Crabtree Vickers Pty Ltd v Australian Direct Mail Advertising and Addressing Co Pty Ltd (1975) 133 CLR 72 CASES CITED: Pavey and Mathews Pty Ltd v Paul Deane J Christian and Nielsen Pty Ltd v Goliath Portland Cement Company Ltd (Full Court - SCT of Tasmania) CATCHWORDS: Consumer claim - provision of a domain name hosting service - description of Internet - description of domain names - definition and use of a server - authority to act as an agent - ACCC and principles of Consumer Protection principles in electronic commerce - Internet industry draft code of practice - OECD guidelines for consumer protection in the context of the Internet - unsolicited goods and services MATTER FOR DECISION: Consumer claim REPRESENTATION: APPLICANT: Edmund Smith, director of Applicant RESPONDENT: Adam Todd, director of Respondent I declare that the Applicant Austin Customs Brokers Pty Ltd is not indebted to and does not owe the Respondent Breakfast Bytes Pty Ltd any monies for the provision of domain name hosting services and for time or debt default charges associated with the provision of domain name hosting services by the Respondent ORDERS: for the domain names customsagent.net customsagents.net and customsbrokers.net in the period November 1998 to 30 June 2000.