Commissioner for Fair Trading v Digital Marketing and Solutions Pty Ltd (ACN 614 430 983) trading as Android Enjoyed and Camerasky & Anor [2019] NSWSC 370

Supreme Court New South Wales

Medium Neutral Citation: Commissioner for Fair Trading v Digital Marketing and Solutions Pty Ltd (ACN 614 430 983) trading as Android Enjoyed and Camerasky & Anor [2019] NSWSC 370 Hearing dates: 22 March 2019 Date of orders: 04 April 2019 Decision date: 04 April 2019 Jurisdiction: Common Law Before: Fullerton J Decision: See [86] and [87] of judgment Catchwords: TRADE AND COMMERCE – Australian Consumer Law – whether the defendants breached ss 18, 29, 36 of the ACL – whether the defendants breached s 16 of the Electricity (Consumer Safety) Act 2004 (NSW) – quantum of a pecuniary penalty to be imposed – imposition of a period of disqualification from managing corporations Legislation Cited: Australian Consumer Law comprising Schedule 2 of the Competition and Consumer Act 2010 (Cth) Corporations Act 2001 (Cth) Electricity (Consumer Safety) Act 2004 (NSW) Fair Trading Act 1987 (NSW) Gas and Electricity (Consumer Safety) Act 2017 (NSW) Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2014] FCA 634; (2014) 317 ALR 73 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2015] FCA 330 Australian Competition and Consumer Commission v Commercial and General Publications Pty Ltd [2002] FCA 900 Australian Competition and Consumer Commission v Halkalia Pty Ltd (No 2) [2012] FCA 535 Australian Competition and Consumer Commission v Singtel Optus Pty Ltd (No 4) [2011] FCA 761; (2011) 282 ALR 246 Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54; (2013) 250 CLR 640 Australian Competition and Consumer Commission v Telstra Corporation Ltd [2007] FCA 1904; (2007) 244 ALR 470 Australian Competition and Consumer Commission v Turi Foods Pty Ltd (No 4) [2013] FCA 665 Campbell v Backoffice Investments Pty Ltd [2009] HCA 25; (2009) 238 CLR 304 Commissioner for Corporate Affairs (WA) v Ekamper (1987) 12 ACLR 519 Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; (2015) 258 CLR 482 Ducret v Chaudhary's Oriental Carpet Palace Pty Ltd (1987) 16 FCR 562 ICI Australia Operations Pty Ltd v Trade Practices Commission (1992) 38 FCR 248 Medical Benefits Fund of Australia Ltd v Cassidy; John Bevins Pty Ltd v Cassidy (2003) 135 FCR 1 Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd [1982] HCA 44; (1982) 149 CLR 191 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 20; (2012) 287 ALR 249 Westpac Banking Corporation v Northern Metals Pty Ltd (1989) 14 IPR 499 Category: Principal judgment Parties: Commissioner for Fair Trading (Plaintiff) Digital Marketing and Solutions Pty Ltd (ACN 614 430 983) trading as Android Enjoyed and Camerasky (1st Defendant) Yuen Ho Wong (2nd Defendant) Representation: Counsel: H El-Hage (Plaintiff)