domainwatch.org

Monday January 23 2006

Scammers go offline (Bradley Norrish + Chesley Rafferty)

from: http://www.theage.com.au/news/business/playtime-at-portsea-may-get-rough/2006/01/22/1137864806219.html

” …

Scammers go offline
By Helen Westerman and Rebecca Urban
January 23, 2006

IF CYBERLAND is the new frontier, then Chesley Rafferty and Brad Norrish are definitely its cowboys.

The pair have gained a reputation as profligate cyber-scammers for sending out misleading invoices to businesses asking them to register their domain names.

And it seems their activities continue. Norrish has been ordered to hand over a site he has been using that shares the domain name of online travel booking service Webjet.

The travel group’s website, webjet.com.au, generated $77.5million from 2004 to 2005 and was rated Australia’s No.1 travel site in the same year by Hitwise.

But Norrish’s domain name, webjet.com, which he bought in October, takes users to Webjet’s competitors and some porn sites for good measure. Webjet complained to the international arbiter, the Geneva-based World Intellectual Property Organisation (WIPO), that by using the same name, Norrish was confusing users and using the website in bad faith.

The elusive Norrish did not respond to the panel, which also found he had provided a false phone number to register the domain name.

Panellist Ross Wilson ordered Norrish to transfer the website over to Webjet.

The action follows a $1.3 million fine imposed last month by the Australian Federal Court on Norrish and Rafferty, for an elaborate copyright scam involving 2.2 million websites registered in Britain.

In 2003 the pair illegally “scraped” the database of Nominet UK, the national registry for .uk domain names, for the details of 50,000 registrants.

Judge Robert French found the pair and three of their companies — Diverse Internet Pty Ltd, Internet Payments Pty Ltd and Seychelles-based UK Internet Registry Ltd — had broken copyright and Australian free trade laws.

Judge French said the pair’s conduct had been “flagrant”, and also ordered them to pay costs, estimated at $1 million.

But getting the money will not be easy. Rafferty was declared bankrupt in Australia in October and the company solicitor at Nominet, Edward Phillips, told Full Disclosure that several of the defendants were in the process of being bankrupted by Nominet and others.

“They have some assets, but we cannot accurately predict how much, if any, of this money we will see — some of it is frozen in foreign bank accounts,” says Phillips. But Phillips says if the action is enough to bankrupt them, that may be good enough.

… “

from: http://arbiter.wipo.int/domains/decisions/html/2005/d2005-1096.html

” …

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Webjet Marketing Pty Ltd v. Brad Norrish

Case No. D2005-1096

1. The Parties

The Complainant is Webjet Marketing Pty Ltd of Melbourne, Victoria, Australia, represented by Minter Ellison of Australia.

The Respondent is Brad Norrish of East Perth, Western Australia, Australia.

2. The Domain Name and Registrar

The disputed domain name is registered with eNom, Inc.

7. Decision

For all the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the domain name be transferred to the Complainant.

Ross Wilson
Sole Panelist

Date: December 29, 2005

… “

from whois.enom.com

” …

Checking server [whois.enom.com]
Results:

Registration Service Provided By: eNom, Inc.
Contact: info2@eNom.com

Domain name: webjet.com

Registrant Contact:
NA
Brad Norrish (NA)
NA
Fax:
2/47 Forrest Ave
East Perth, Western Australia 6004
East Perth, WE 6004
US

Administrative Contact:
NA
Brad Norrish (bradnorrish@yahoo.com.au)
888 317 8842
Fax:
2/47 Forrest Ave
East Perth, Western Australia 6004
East Perth, WE 6004
US

Technical Contact:
NA
Brad Norrish (bradnorrish@yahoo.com.au)
888 317 8842
Fax:
2/47 Forrest Ave
East Perth, Western Australia 6004
East Perth, WE 6004
US

Status: Locked

Name Servers:
dns1.name-services.com
dns2.name-services.com
dns3.name-services.com
dns4.name-services.com
dns5.name-services.com

Creation date: 02 Oct 1995 00:00:00
Expiration date: 01 Oct 2007 00:00:00
Whois-Services: 8d4c43df-6a82-4026-bc06-4bfafddd0eda@whois-services.com

… “

Tuesday December 13 2005

Internet fraudsters must pay (Chesley Rafferty + Bradley Norrish)

from: http://www.theaustralian.news.com.au/common/story_page/0,5744,17549155%255E2702,00.html

” …

Internet fraudsters must pay
Vanda Carson
December 13, 2005

TWO internet geeks who made a fortune by misleading net users must pay $2.3million, after a court found they flagrantly broke copyright laws in an elaborate scam.

Brad Norrish and Chesley Rafferty were the brains behind a massive operation to copy personal information from 2.2million websites on a UK domain-name register in January 2003.

They used the information to send authentic-looking notices to 50,000 website owners, telling them to pay a fee or risk losing their domain name.

In a decision handed down last week in the Federal Court in Perth, judge Robert French said the award of $1.3million damages plus an estimated $1million in legal costs was justified.

He said their conduct was “flagrant” and that the internet register, called Nominet, had been forced to disable its publicly accessible database, a “drastic” and unique response to a cyber attack on its security systems.

The judgment marked the end of a 2 1/2-year legal battle that began when Nominet sued the pair and their associated companies.

Mr Rafferty, who became bankrupt in October, and the pair’s companies — including Mr Rafferty’s Seychelles-based company — settled the suit before the civil trial in June last year.

Mr Norrish argued he was not liable for breaching copyright and fair trading laws.

… “

Nominet UK v Diverse Internet Pty Ltd (No 2) [2005] FCA 1773 (7 December 2005)
http://www.austlii.edu.au/au/cases/cth/federal_ct/2005/1773.html

” …

Nominet UK v Diverse Internet Pty Ltd (No 2) [2005] FCA 1773 (7 December 2005)
Last Updated: 7 December 2005

FEDERAL COURT OF AUSTRALIA

Nominet UK v Diverse Internet Pty Ltd (No 2) [2005] FCA 1773

INTELLECTUAL PROPERTY – copyright – infringement – assessment of damages – infringement of domain name Register Database – copying of lists of registrants and relevant information – basis for assessment – notional reasonable royalty – not limited to entries actually used – additional damages – punitive character – relevant considerations – flagrancy of infringement – need for deterrence – costs of action

Copyright Act 1968 (Cth) s 115(2), s 115(4)
Corporations Act 2001 (Cth) s 601AB(1), s 601AH
Trade Practices Act 1974 (Cth)

Nominet UK v Diverse Internet Pty Ltd (2004) 63 IPR 543 cited
General Tyre & Rubber Co v Firestone and Rubber Company Ltd [1976] RPC 117 cited
LED Builders Pty Ltd v Eagle Homes Pty Ltd (1999) 44 IPR 24 cited
CAJ Amadio Constructions Pty Ltd v Kitchen (1992) 23 IPR 284 cited
Prince Manufacturing Inc v Abac Corp Australia Pty Ltd (1984) 4 IPR 104 cited
Sullivan v FNH Investments Pty Ltd (2003) 57 IPR 63 cited

NOMINET UK v DIVERSE INTERNET PTY LTD AND OTHERS
NSD 1040 OF 2003

FRENCH J
7 DECEMBER 2005
PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY NSD1040 OF 2003

BETWEEN: NOMINET UK
APPLICANT
AND: DIVERSE INTERNET PTY LTD
ACN 096 827 619)
FIRST RESPONDENT

INTERNET PAYMENTS PTY LTD
(ACN 097 324 868)
SECOND RESPONDENT

BRADLEY STEDMAN NORRISH
THIRD RESPONDENT

CHESLEY PAUL RAFFERTY
FOURTH RESPONDENT

(UK) INTERNET REGISTRY LTD
FIFTH RESPONDENT
JUDGE: FRENCH J
DATE OF ORDER: 7 DECEMBER 2005
WHERE MADE: PERTH

THE COURT ORDERS THAT:

Procedural Orders

1. To the extent necessary, the requirements of the Federal Court (Corporations) Rules with regard to the filing and service of the application for reinstatement of the registration of the Second Respondent and supporting documents be dispensed with.

2(a) The Sixth Respondent reinstate the registration of the Second Respondent pursuant to s 601AH(2) of the Corporations Act 2001 (Cth) for the purposes of enabling the Applicant to obtain and enforce any judgment in these proceedings as against the Second Respondent.

(b) The damages awards made herein shall take effect against the Second Respondent upon the reinstatement of its registration.

(c) The Applicant is to inform the Sixth Respondent when no further steps remain to be taken in relation to enforcement of the judgment against the Second Respondent.

(d) Liberty to the Sixth Respondent to apply for further directions if necessary.

3. All DVDs containing the images of the Respondents’ computer hard drives as held by Blake Dawson Waldron pursuant to paragraph 4 of the Orders of 26 September 2003 and paragraph 4 of the Orders of 24 December 2003 be delivered up to Allens Arthur Robinson for destruction.

Damages

4. Damages are awarded in favour of the Applicant against the first, second, third and fourth respondents jointly and severally:

(a) in the sum of $810,953 being damages for infringement of copyright pursuant to s 115(2) of the Copyright Act 1968 (Cth).

(b) in the sum of $500,000, being additional damages for infringement of copyright pursuant to s 115(4) of the Copyright Act 1968 (Cth).

Costs

5(a) The Respondents are to pay the Applicant’s costs of the proceedings for which they shall be liable jointly and severally other than the costs of the hearing as to liability which shall be borne by the Third Respondent alone.

(b) The costs are to be taxed as one set provided that a supplementary bill may be prepared against the Third Respondent in respect of the hearing as to liability.

… “

Thursday May 26 2005

Nominet freeze scammers’ assets (Chesley Rafferty + Bradley Norrish)

Due to the actions of the respondents in the Nominet v UK Internet Registry case, Nominet asked for, and obtained, a ‘Mareva Injunction’ which is a court order freezing the assets of some of the respondents.

Nominet UK v Diverse Internet Pty Ltd [2005] FCA 669 (19 May 2005)
http://www.austlii.edu.au/au/cases/cth/federal_ct/2005/669.html

Bradley Norrish’s assets include:

” … the proceeds from the transfer of Lot 2 on Strata Plan 13794, being the property located at Unit 2, 47 Forrest Avenue, East Perth … a Ferrari F1 360 Spider Convertible motor vehicle … ”

Chesley Rafferty’s assets include:

” … the proceeds from the transfer of Lot 8 on Strata Plan 8708 … Mercedes CLK 320 motor vehicle with Victorian registration number RTC171 … a silver Magna sedan motor vehicle, registration number 1AED417 … a blue motor cycle, registration number 1BH477 … PostFinance Swiss Post account number 91-274880-1 … ”

The court document also provides mobile phone numbers for Bradley Norrish (0419 943 638) and Chesley Rafferty (0417 000 500).

The court document then goes onto say:

” … Mareva relief is also sought in respect of the fourth respondent (editor note: Bradley Norrish) … In his case there is evidence that he had previously sold the asset being the strata plan lot to his parents and that those parents are now in the process of transferring or have transferred the lot … In respect of overseas assets there is also evidence from him of the existence of a Swiss account and that is specifically identified in the proposed order … “

Monday March 14 2005

iRegistrations web site offline (Bradley Norrish + Chesley Rafferty)

Following on from last month’s closure of the the Ezinames web site, iRegistrations’ web site is now also offline.

> telnet www.iregistrations.com 80
Trying 67.19.1.180…
telnet: Unable to connect to remote host: Connection timed out
>

iRegistrations and Ezinames merged last year
http://domainwatch.org/archives/2004/08/12/iregistrations-has-merged-with-ezinames-chesley-rafferty-bradley-norrish/

from: whois.enom.com

Registration Service Provided By: iRegistrations.com
Contact: info@iregistrations.com
Visit: http://www.iregistrations.com

Domain name: iregistrations.com

Registrant Contact:
Internet Registrations Worldwide Pty Ltd
Peter Jacobs (info@iregistrations.com)
+61.892252100
Fax: +61.892257276
Level 3
233 Adelaide Tce
Perth, WA 6000
AU

Administrative Contact:
Internet Registrations Worldwide Pty Ltd
Peter Jacobs (info@iregistrations.com)
+61.892252100
Fax: +61.892257276
Level 3
233 Adelaide Tce
Perth, WA 6000
AU

Technical Contact:
Internet Registrations Worldwide Pty Ltd
Peter Jacobs (info@iregistrations.com)
+61.892252100
Fax: +61.892257276
Level 3
233 Adelaide Tce
Perth, WA 6000
AU

Billing Contact:
Internet Registrations Worldwide Pty Ltd
Peter Jacobs (info@iregistrations.com)
+61.892252100
Fax: +61.892257276
Level 3
233 Adelaide Tce
Perth, WA 6000
AU

Status: Locked

Name Servers:
dns1.name-services.com
dns2.name-services.com
dns3.name-services.com
dns4.name-services.com
dns5.name-services.com

Creation date: 20 Dec 1999 23:27:02
Expiration date: 20 Dec 2013 23:27:02

from: http://www.austlii.edu.au/au/cases/cth/federal_ct/2004/1244.html

Mr Rafferty is also a director of a company called Internet Registrations Worldwide Pty Ltd which has its registered office at the same address in Perth as Diverse Internet. He succeeded Mr Norrish as a director of Internet Registrations Worldwide on 27 January 2003.

Sunday November 14 2004

Who’s who in the Zoo?

The following diagram is a pictorial representation of the information provided on this web site:

Chesley Rafferty + Bradley Norrish + Paul Fox + Alexander Ristovski + Craig Oehlers + Peter Jacobs + Domain Names Australia + Internet Registrations Australia + UK Internet Registry + Internet Registry + NetRegister + Domain Names NZ + ProWeb Solutions + Ezinames

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