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Domain name seller's appeal dismissed


The Federal Court of Australia has dismissed an appeal by Domain Names Australia and its director, Chesley Rafferty, against a decision that he had sent deceptive and misleading letters to prospective customers.

In April this year, Justice Ray Finkelstein upheld claims that the ACCC and Australian domain name administrator auDA brought against Rafferty and his business under the Trade Practices Act.

The appeal was heard on August 24. The judgement, published today, dismisses all aspects the appeal and awards costs to auDA.

auDA chief executive officer Chris Disspain said: "auDA is delighted that the Federal Court has confirmed the findings of Justice Finkelstein. Having dealt with this appeal we will now have the matter re-listed before Justice Finkelstein to obtain a timetable for the conduct of the class action in order to secure refunds from DNA and Rafferty for the many thousands of people who have been misled and deceived by these notices."

"auDA reiterates its advice that whilst misleading and deceptive notices, like the ones sent out by DNA and Chesley Rafferty, are rare, all Australians should register or renew their .au domain names only through an auDA accredited registrar or appointed reseller."

By Online Staff
September 10, 2004 - 3:41PM
http://www.theage.com.au/
articles/2004/09/10/1094789670920.html




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