The applicant seeks special leave to appeal from a judgment of the Full Court of the Federal Court of Australia. We see no reason to doubt the correctness of the decision of the Full Court. In our view, an appeal to this Court would not enjoy sufficient prospects of success to warrant the grant of special leave.
Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.
V.M. Bell 19 April 2018
G.A.A. Nettle
Details
AGLC
Valve Corporation v Australian Competition and Consumer Commission [2018] HCASL 99
Case
[2018] HCASL 99
Decision Date
CaseChat Overview and Summary
The applicant, Valve Corporation, sought special leave to appeal a decision made by the Full Court of the Federal Court of Australia. The respondent, the Australian Competition and Consumer Commission (ACCC), was involved in the original proceedings which related to allegations of misleading conduct by Valve Corporation in relation to the sale of digital goods through the Steam platform. The Full Court found in favour of the ACCC, holding that Valve Corporation had engaged in misleading conduct by charging a commission on the sale of digital goods sold by third parties on the Steam platform, and by failing to disclose the amount of the commission charged. Valve Corporation appealed to the High Court, seeking special leave to appeal the decision of the Full Court.
The legal issues before the High Court were whether the Full Court correctly interpreted the relevant provisions of the Australian Consumer Law and whether the Full Court correctly found that Valve Corporation had engaged in misleading conduct. The High Court considered whether there were any errors in the Full Court's interpretation of the law, and whether the Full Court's findings of fact were open to it on the evidence before it. The High Court held that there were no errors in the Full Court's interpretation of the law and that its findings of fact were open to it on the evidence before it.
The High Court found that an appeal to the Court would not enjoy sufficient prospects of success to warrant the grant of special leave. The Court held that the Full Court's interpretation of the law was correct and that its findings of fact were open to it on the evidence before it. The Court also held that the Full Court's decision was not wrong in law and that it was not open to the Full Court to make a different finding of fact. As such, the High Court dismissed the application for special leave to appeal and directed the Registrar to draw up, sign and seal an order dismissing the application with costs.