Australian Competition and Consumer Commission v Valve Corporation [2015] FCA 721

Australian Competition and Consumer Commission v Valve Corporation [2015] FCA 721

The Notice to Admit was set aside because Valve Corporation served it only to meet an anticipated ACCC submission that the Steam Subscriber Agreement misrepresented or was inconsistent with Washington State law, but that submission was not pleaded, was unsupported by expert evidence on foreign law, would not be made by the ACCC, and could not properly be made at trial.

Jurisdiction
Australia
Judgment Date
16 July 2015
Procedural Posture
Practice and Procedure; Consumer Law Proceedings / Interlocutory Application to Set Aside a Notice to Admit
Outcome
Application granted; the respondent's Notice to Admit dated 10 June 2015 was set aside.
Legal Topics
['notice to Admit' 'relevance' 'foreign Law Evidence' 'australian Consumer Law' 'proper Law of Contract' 'choice of Law']
['practice and Procedure' 'consumer Law' 'conflict of Laws'] ['notice to Admit' 'relevance' 'foreign Law Evidence' 'australian Consumer Law' 'proper Law of Contract' 'choice of Law']

Case Brief

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Procedural Posture

Practice and Procedure; Consumer Law Proceedings / Interlocutory Application to Set Aside a Notice to Admit

Legal Issues

  1. 1 ["Whether the respondent's Notice to Admit should be set aside under r 1.32 of the Federal Court Rules 2011 (Cth)." 'Whether the admissions sought about laws applicable in the State of Washington were relevant to issues in the trial.' 'Whether matters concerning Washington State law could be relevant to the proper law applicable to claims based on the Australian Consumer Law.']

Ratio Decidendi

The Notice to Admit was set aside because Valve Corporation served it only to meet an anticipated ACCC submission that the Steam Subscriber Agreement misrepresented or was inconsistent with Washington State law, but that submission was not pleaded, was unsupported by expert evidence on foreign law, would not be made by the ACCC, and could not properly be made at trial.

Court Disposition

Application granted; the respondent's Notice to Admit dated 10 June 2015 was set aside.

Orders

  • ["Pursuant to r.1.32 of the Federal Court Rules 2011 (Cth), the respondent's Notice to Admit dated 10 June 2015 be set aside." "The respondent pay the applicant's costs of today and preparation of today."]