Australian Competition & Consumer Commission v HJR Financial Services Pty Ltd & Ors [1998] FCA 817

FEDERAL COURT OF AUSTRALIA

TRADE PRACTICES - deceptive and misleading conduct - interlocutory injunction - restraining publication of advertisements and payment of monies Trade Practices Act 1974 (Cth) S 87A Australian Competition and Consumer Commission v HJR Financial Services Pty Ltd, Electronic Funds Transfer Portable Offsite Pty Ltd, Rowland William Thomas, Helen Elizabeth Lewis and Telads (NSW) Pty Ltd QG66 of 1998 Kiefel J Brisbane 10 July 1998

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 66 of 1998

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: hjr FINANCIAL SERVICES Pty LTD

FIRST Respondent

AND: ELECTRONIC FUNDS TRANSFER PORTABLE OFFsITE Pty Ltd

SECOND RESPONDENT

AND: ROWLAND WILLIAM THOMAS

THIRD RESPONDENT

AND: HELEN ELIZABETH LEWIS

FOURTH RESPONDENT

AND: TELADS (nsw) Pty Ltd

fifth Respondent

JUDGE(S): KIEFEL J

DATE OF ORDER: 10 July 1998

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. That the first respondent by itself, its directors, the third and fourth respondents, its servants or agents or otherwise be restrained until the determination of the proceedings or earlier order from: (a) advertising its business in the form of the advertisements appearing in annexure G to the affidavit of Helen Elizabeth Lewis filed in these proceedings and sworn on 9 July 1998; (b) inducing consumers to call any one 1900 premium rate telephone service or similar service by newspaper advertisements referred to in (a) hereof; (c) representing that it provides loans to consumers itself or as agent for another; (d) representing that it accepts applications for loans without credit checks; (e) placing any newspaper advertisement or other advertisement of its business without including in that advertisement a disclaimer stating or stating to the effect that it does not itself grant loans, but acts as an advisory service for the obtaining of loans only. In the case where advertisements have been placed before the making of this order, to take steps forthwith from the time of the pronouncement of this order to procure the removal of any such advertisements. THE COURT DIRECTS: 2. The first respondent to provide to the applicant Commission, 48 hours prior to their dispatch to advertisers, the terms of any proposed further advertisement. THE COURT FURTHER ORDERS THAT: 3. The fifth respondent be restrained until the determination of these proceedings or earlier order including any order for variation, from making any payment of any funds including any funds representing bad debt retention monies received from Telstra Corporation Limited which are sums payable to the first, second, third, or fourth respondents in connection with any 1900 telephone service operated by the first respondent in the period up to 17 July 1998, save and except presently for the sum of $68,733.16. THE COURT FURTHER DIRECTS: (a) that the applicant deliver a statement of claim in respect of any contravention of the Trade Practices Act 1974 by 24 July 1998. (b) that the first to fourth respondents deliver any defence in respect of such issue by 14 August 1998. (c) that the applicant and each of the first to fourth respondents deliver a list of documents by 28 August 1998. (d) that those parties conduct inspection of documents by 11 September 1998. (e) that the matter be listed for further directions on a date after 11 September 1998 to be advised by the Deputy Registrar.