Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chilcott v HomeSec Finance Express Pty Ltd [2011] FCA 729 Citation: Chilcott v HomeSec Finance Express Pty Ltd [2011] FCA 729
Parties: SHANE LAWRENCE CHILCOTT & NATASHA ANNE CHILCOTT v HOMESEC FINANCE EXPRESS PTY LTD (ACN 079 939 610) and XPRESS LOAN COMPANY PTY LTD (ACN 127 844 919)
File number: TAD 38 of 2010
Judge: MARSHALL ACJ
Date of judgment: 28 June 2011
Catchwords: TRADE PRACTICES – alleged misleading and deceptive conduct – ss 52 and 82 of the Trade Practices Act 1974 (Cth) – representations made by agent of lender regarding a home loan strategy – alleged unconscionable conduct by short term lender – s 51AA of the Trade Practices Act 1974 (Cth)
Legislation: Trade Practices Act 1974 (Cth) ss 51AA, 52, 82, 87
Cases cited: ACCC v CG Berbatis Holdings Pty Ltd (2003) 214 CLR 51 Planet Securities Unit Trust v Dalrymple [1999] QSC 204
Dates of hearing: 11, 12, 13 and 28 April 2011
Place: Hobart
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 47
Counsel for the Applicants: Mr S McElwaine
Solicitor for the Applicants: Shaun McElwaine & Associates
Counsel for the First Respondent: Mr S Woolley
Solicitor for the First Respondent: Logie-Smith Lanyon
Counsel for the Second Respondent: Mr D Wallace
Solicitor for the Second Respondent: Wallace Wilkinson Webster
IN THE FEDERAL COURT OF AUSTRALIA TASMANIA DISTRICT REGISTRY GENERAL DIVISION TAD 38 of 2010
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