PathMinder Pty Ltd have partnered with AllUser Industries srl to bring Europe’s most advanced high security portals to the Australian and New Zealand markets. AllUser Industries started to…read more
New Zealand High Court Judge rejects Commerce Commission injunction against Viagogo
New Zealand’s Commerce Commission has failed to win an injunction to force Viagogo to change the way it does business with a High Court judge ruling in favour of the Switzerland-based online ticket reseller.
Having received hundreds of consumer complaints, the Commission argued before the High Court in Auckland earlier this month that Viagogo was misleading consumers and even enabling invalid concert tickets to be sold to New Zealand buyers.
While the Commission sought an injunction preventing Viagogo from making claims about ticket scarcity, pricing and a guarantee of validity, Judge Patricia Courtney ruled that even though Viagogo knew about the Commission's legal action, it had not been formally served notice.
Aaron Lloyd, the lawyer representing Viagogo, told the Court that once formally served, the company intended to argue that the Court had no jurisdiction over the company, which is based in Switzerland, does business online, and has no New Zealand office.
Judge Courtney refused to grant the interim injunction the Commission sought until Viagogo had been formally served, and had the chance to argue its case.
The Commission had argued that it would take months for the case against Viagogo to be formally served in Switzerland.
In her ruling, issued on Monday, Judge Courtney advised "the Commission alleges that the Viagogo website falsely represents that it is an official ticket seller for events in New Zealand but, in fact, is not retained as an official ticket seller by promoters of events in New Zealand.
"The Commission alleges that Viagogo represents that the number of tickets available are very limited, which is false and misleading because there are tickets available through official ticket sellers.
"The Commission alleges that Viagogo represents that the tickets it sells are valid when, in fact, many of the tickets it sells are invalid, including because they have already been sold or are forgeries."
Crucially, Judge Courtney ruled she had no jurisdiction to hear the injunction application at this stage advising that it wasn't enough for the Commission to say that Viagogo's conduct in this country fell within the jurisdiction of New Zealand's courts.
Judge Courtney added “the problem for the commission is … the fact that the defendant has not yet been served.”
In the injunction hearing earlier this month, lawyers representing the commission described website Viagogo as a "marketplace for scalpers and fraudsters".
11th February 2019 - Concert promoter Michael Chugg says Viagogo is ‘out of control ... f***ing thieves’
8th December 2018 - Viagogo agrees to UK competition authority demands on ticket resales
12th September 2018 - Viagogo responds to calls for Google AdWords service to reject its resales
15th August 2018 - New Zealand Commerce Commission begins court action against Viagogo
5th June 2018 - FIFA makes criminal complaint against ticket reseller Viagogo
28th August 2017 - ACCC commences legal action against ticket reseller Viagogo
20th April 2017 - Consumer NZ investigates ticket resellers
Asking a small favour
We hope that you value the news that we publish so while you're here can we ask for your support?
The news we publish at www.ausleisure.com.au is independent, credible (we hope) and free for you to access, with no pay walls and no annoying pop-up ads.
However, as an independent publisher, can we ask for you to support us by subscribing to the printed Australasian Leisure Management magazine - if you don't already do so.
Published bi-monthly since 1997, the printed Australasian Leisure Management differs from this website in that it publishes longer, in-depth and analytical features covering aquatics, attractions, entertainment, events, fitness, parks, recreation, sport, tourism and venues management.
Subscriptions cost just $90 a year.
Click here to subscribe.
The Complete Guide to Leisure Industry Products & Services.
ICP is an Australian-based company focused on indoor climbing. ICP will manage your project from initial design to completion and beyond, whether you're building an international-level climbing…read more
Geoff Ninnes Fong & Partners (GNFP) is a structural, aquatic and civil engineering consultancy with broad experience in the design of new municipal and institutional swimming pools, hydrotherapy…read more
Ecoline is a highly experienced and skilled company that offers world-first technology in safety, protects the environment and provides a unique and challenging custom-made adventure and educational…read more
Playrope Aqua-Fun, are the Australian & New Zealand exclusive distributors for Vortex Aquatic Structures International, the world leader in aquatic playgrounds and urban water landscapes.…read more
A leading designer and manufacturer of innovative waterslides and attractions, Australian Waterslides and Leisure (AWL) is also able to advise clients in the areas of concept and design, feasibility…read more
Tim Batt Water Solutions are at the very forefront of the commercial aquatic business in Australia, with over 30 years specific experience supplying and installing chemical control and dosing…read more
Rhinoplay offers playground equipment in Australia that is safe, durable, and most importantly fun! We specialise in creating unique indoor playgrounds for play centres and outdoor playgrounds for…read more
get listed with our suppliers directory
Get your business noticed in our targeted directory. Viewed by 10,000 industry professionals per week!