19 Dec 2008
CHIEF EXECUTIVE DEPARTMENT OF INTERNAL AFFAIRS V ATKINSON AND ORS HC CHCH CIV-2008-409-002391
- Citation
- openlaw-ae80821c_9edf_4bb5_a2e6_cffd69aba9e8.pdf
- Court
- High Court
Given the very large scale of the unlawful commercial spamming (2,006,632 messages) and significant commercial benefit to the defendant, a high starting point was warranted under s45; however substantial mitigation applied because much activity pre‑dated the Act and the defendant cooperated early and gave an enforceable undertaking, leading the Court to impose a pecuniary penalty of $100,000.