Loans and Debt Assistance Incorporated & Anor v .au Domain Administration Limited [2012] NSWSC 558

Supreme Court New South Wales

Medium Neutral Citation: Loans and Debt Assistance Incorporated & Anor v .au Domain Administration Limited [2012] NSWSC 558 Hearing dates: 17 May 2012 Decision date: 24 May 2012 Jurisdiction: Equity Division Before: Bergin CJ in Eq Decision: Summons dismissed with costs. Catchwords: [CONTRACT] - Standard form agreement - incorporating defendant's Published Policies into agreement - standard form of Licence of domain names.

[INJUNCTION] - Application to restrain defendant, administrator of the .au Domain Name System on the Internet, from deleting domain names registered to the plaintiffs - where agreement provides that no proprietary rights in registered domain names.

[WORDS AND PHRASES] - "service" and "activity" in context of registered domain name. Legislation Cited: Corporations Act 2001 (Cth) National Consumer Credit Protection Act 2009 (Cth) Trade Practices Act 1974 (Cth) Cases Cited: Capital Networks Pty Ltd v .au Domain Administration Limited [2004] FCAFC 324 Westpac Banking Corporation Ltd v Prelea & Ors (1992) 28 NSWLR 481 Category: Principal judgment Parties: Loans and Debt Assistance Incorporated (1st Plaintiff) Society Services Goods and Consumers Research Incorporated (2nd Plaintiff) .au Domain Administration Ltd (Defendant) Representation: Mr N Kidd (Defendant) Mr G Simunovic (Public Officer of Plaintiffs) Maddocks (Defendant) File Number(s): 2012/139975 Publication restriction: Nil