Australian Competition & Consumer Commission v Dataline.Net.Au Pty Ltd (ACN 075 400 529) [2002] FCA 89

Australian Competition & Consumer Commission v Dataline.Net.Au Pty Ltd (ACN 075 400 529) [2002] FCA 89

Given uncontradicted evidence of repeated deliberate unauthorised debiting of credit cards by respondents, and absence of evidence that written authorisation requirement would impede business, interlocutory restraint is justified and should be granted in the form requiring handwritten authorisation. Clause 12 rights do not justify relaxing the restraint.

Parties
Applicant: Australian Competition and Consumer Commission; First Respondent: Dataline.Net.Au Pty Ltd (ACN 075 400 529); Second Respondent: Australis Internet Pty Ltd (ACN 090 539 432); Third Respondent: World Publishing Systems Pty Ltd (ACN 075 141 007); Fourth Respondent: John Lynden Russell; Fifth Respondent: Neale Francis Banks; Sixth Respondent: Jefferson Litchfield; Seventh Respondent: Sara Mary Moore
Jurisdiction
Australia
Judgment Date
08 February 2002
Procedural Posture
Interlocutory Application / Interlocutory Orders and Reasons for Judgment
Outcome
Interlocutory injunctive relief granted as sought by applicant.
Legal Topics
Interlocutory Injunctions, Unauthorised Credit Card Debiting, Trade Practices Act, Internet Services
Competition Law Consumer Law Interlocutory Injunctions Unauthorised Credit Card Debiting Trade Practices Act Internet Services

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Parties

Australian Competition and Consumer Commission

Applicant

Dataline.Net.Au Pty Ltd (ACN 075 400 529)

First Respondent

Australis Internet Pty Ltd (ACN 090 539 432)

Second Respondent

World Publishing Systems Pty Ltd (ACN 075 141 007)

Third Respondent

John Lynden Russell

Fourth Respondent

Neale Francis Banks

Fifth Respondent

Jefferson Litchfield

Sixth Respondent

Sara Mary Moore

Seventh Respondent

Procedural Posture

Interlocutory Application / Interlocutory Orders and Reasons for Judgment

Legal Issues

  1. 1 Whether respondents should be restrained from debiting credit cards without written authorisation
  2. 2 Scope and form of interlocutory injunction to prevent unauthorised debiting
  3. 3 Whether clause 12 rights in contracts between respondents and VISPs justify debiting credit cards without consumer authority

Ratio Decidendi

Given uncontradicted evidence of repeated deliberate unauthorised debiting of credit cards by respondents, and absence of evidence that written authorisation requirement would impede business, interlocutory restraint is justified and should be granted in the form requiring handwritten authorisation. Clause 12 rights do not justify relaxing the restraint.

Court Disposition

Interlocutory injunctive relief granted as sought by applicant.

Orders

  • First, second and third respondents restrained from debiting credit cards in connection with Dataline and Australis businesses unless written authorisation with handwritten signature is received, debit does not exceed authorised amount, recurrent debits do not exceed authorised limits, and debit is processed in...
  • Commission restrained from using mud maps or photographs produced by KPMG personnel pending further order.