## Facts

- Richard Chen, a U.S.-resident individual, registered and operated commercial websites accessible in Australia, including “sydneyopera.org,” presented as an official or authorized Sydney Opera House booking site.
- The “sydneyopera.org” home page was made to appear identical to the official Sydney Opera House website, while other pages differed and linked users to affiliated “box office” sites (including “worldsboxoffice.com” and “witestar.com”).
- The linked sites marketed tickets for Sydney Opera House events and other venues and accepted credit-card payments.
- Chen had no connection with, and no authorization from, the Sydney Opera House Trust to reproduce the official website or sell tickets to Opera House events.
- Consumers (including at least one in Australia) attempted to buy tickets through the sites; some were charged but were overcharged or did not receive tickets.
- The Australian Competition and Consumer Commission (ACCC) sued under the Trade Practices Act 1974 (Cth) (TPA), alleging misleading or deceptive conduct and false representations (ss 52, 53(c)–(d), and 55A), seeking declarations and injunctions.
- Chen did not appear; substituted service was ordered, but personal service was not achieved. Website activity suggested awareness of the proceeding.
- Before final hearing, some content was removed and the “sydneyopera.org” registration lapsed and was re-registered by another party; the ACCC still sought orders against Chen personally to restrain future conduct through any websites.

## Issues

1. Whether the TPA’s prohibitions on misleading or deceptive conduct and false representations applied to a foreign individual operating websites from abroad where the conduct was directed to, and had effects on, consumers in Australia.
2. Whether the Court should grant declarations and final injunctions against a non-appearing, non-resident defendant despite practical limits on enforcing Australian injunctions overseas.

## Decision

- The Federal Court (Sackville J) found Chen contravened TPA ss 52, 53(c)–(d), and 55A by operating imitation and ticketing websites that misrepresented official status, approval, or affiliation with the Sydney Opera House Trust.
- The Court made declarations of contravention.
- The Court granted final injunctions restraining Chen from engaging in similar misleading or deceptive conduct in the future, including by using websites that imitate or purport to be connected with the Sydney Opera House or related ticketing services.
- The Court held that limited prospects of overseas enforcement did not bar relief; enforceability concerns went to discretion, not power, and public-protection and deterrence considerations supported orders.

## Legal Principles

- Consumer-protection prohibitions on misleading or deceptive conduct can apply to internet-based conduct undertaken abroad where misrepresentations are directed to, received by, or cause effects for consumers in the forum.
- Copying the appearance of an official website and presenting a site as an authorized booking channel can constitute misleading or deceptive conduct and false representations of sponsorship, approval, or affiliation.
- A court may grant declaratory and injunctive relief against a foreign, non-appearing defendant when uncontroverted evidence establishes contraventions and there is a risk of repetition via new or altered websites.
- Practical difficulty enforcing an injunction outside the jurisdiction is a discretionary consideration; it does not necessarily make relief inappropriate where orders serve denunciatory, protective, and informational functions and may assist cross-border regulatory cooperation.

## Conclusion

The Court held that a foreign operator’s imitation Sydney Opera House “booking” websites misled consumers and breached Australian consumer-protection provisions, and it issued declarations and forward-looking injunctions notwithstanding the defendant’s absence and the limited ability to enforce the injunction in the United States.


Australian Competition & Consumer Comm’n v. Chen, [2003] FCA 897, 201 A.L.R. 40 (Austl. Fed. Ct. 2003)