Australian Competition and Consumer Commission v Info4PC.com Pty Ltd (Deregistered) [2006] FCA 1534

Australian Competition and Consumer Commission v Info4PC.com Pty Ltd (Deregistered) [2006] FCA 1534

The Court has power to make the proposed consent orders against the Second Respondent, including declaration of contraventions, cessation of undertakings and return of passport, and a costs order, as they are appropriate, within jurisdiction, and based on admitted facts.

Parties
Applicant: Australian Competition and Consumer Commission; First Respondent: Info4PC.com Pty Ltd (ACN 094 149 149) (Deregistered); Second Respondent: James Hamilton Rae
Jurisdiction
Australia
Judgment Date
16 November 2006
Procedural Posture
Civil / Final Judgment and Orders
Outcome
Minute of Consent Orders accepted; orders made as proposed by parties.
Legal Topics
Consent Orders, Declarations, Accessorial Liability, Contraventions of Trade Practices Act
Competition Law Consumer Law Consent Orders Declarations Accessorial Liability Contraventions of Trade Practices Act

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Parties

Australian Competition and Consumer Commission

Applicant

Info4PC.com Pty Ltd (ACN 094 149 149) (Deregistered)

First Respondent

James Hamilton Rae

Second Respondent

Procedural Posture

Civil / Final Judgment and Orders

Legal Issues

  1. 1 Whether the Court has power to make proposed consent orders
  2. 2 Whether the declaration against the Second Respondent is appropriate
  3. 3 Whether orders ceasing undertakings and returning passport are appropriate

Ratio Decidendi

The Court has power to make the proposed consent orders against the Second Respondent, including declaration of contraventions, cessation of undertakings and return of passport, and a costs order, as they are appropriate, within jurisdiction, and based on admitted facts.

Court Disposition

Minute of Consent Orders accepted; orders made as proposed by parties.

Orders

  • Declaration that Second Respondent was knowingly concerned in contraventions of ss 52, 56, 58 Trade Practices Act 1974 (Cth) by Info4PC.com Pty Ltd.
  • Order that undertakings referred to in order 1 of 21 March 2001 cease and Second Respondent's passport be returned.