The Supreme Court has overturned earlier rulings from lower courts which had found that a case could be taken against an Australian resident for alleged breaches of the Commerce Act.
The Commerce Commission served proceedings on Andrew Poynter, in his capacity as a manager within the Fernz group of companies, which it successfully prosecuted for anti-competitive behaviour in the marketing of timber treatment products.
Mr Poynter claimed the High Court had no jurisdiction to hear the proceedings because all of the relevant conduct alleged against him took place in Australia.
Both the High Court and Court of Appeal held there was jurisdiction for the case to proceed.
However, the Supreme Court has overturned those decisions.
