In Sportec Pty Ltd v Leatherman Tool Group Inc [2024] QDC 188, Sportec, an online retailer in Australia, sued Leatherman, a U.S. company, for damages due to misleading conduct, allegedly violating section 18 of the Australian Consumer Law (ACL). Sportec claimed Leatherman's statements to Amazon caused its product listings to be removed, leading to financial loss. Leatherman contested the jurisdiction, arguing the conduct did not occur in Australia and sought to dismiss the case. The court assessed whether the case should be summarily dismissed for lack of jurisdiction. Judge Porter KC DCJ decided that Sportec's claims were arguable and not so deficient as to warrant summary dismissal, thereby dismissing Leatherman's application. The decision clarified that jurisdiction challenges could involve a detailed inquiry into where conduct occurred and whether foreign entities are effectively conducting business in Australia through affiliates or agreements.
Full text: https://www.sclqld.org.au/caselaw/150198