ss. 52, 64(3). Misleading or deceptive conduct, and assertion of right to payment for making entry in directory
28 March 2002: The ACCC instituted proceedings against Swiss company, IT&T AG alleging it engaged in misleading and deceptive conduct regarding its international fax directory.
3 May 2002: Justice Nicholson of the Federal Court, Perth, granted leave to serve out of jurisdiction. This service was effected on 17 October 2002.
13 August 2003: Justice Nicholson made orders including an order that default judgment be entered against IT&T AG in the event it did not file a notice of appearance and defence within the times specified in the order. Service of those orders was effected on 20 January 2004.
16 July 2004: Judgment was entered against IT&T AG following its failure to file a notice of appearance and defence. IT&T AG was declared by the court to have contravened ss. 52 and 64(3). Injunctions were granted restraining IT&T AG from engaging in similar conduct in the future and IT&T AG was ordered to pay costs.
