Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ACCC v Halkalia Pty Ltd [2012] FCA 534 Citation: ACCC v Halkalia Pty Ltd [2012] FCA 534
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v HALKALIA PTY LTD ACN 010 134 362, HEARTLINK ENTERPRISES PTY LTD ACN 126 143 075, NATIONAL SEMI-RETIRED GROUP PTY LTD ACN 080 966 454, LAURENCE GLYNNE HANN and VICKI ANN LOWE
File number: VID 362 of 2011
Judge: TRACEY J
Date of judgment: 28 May 2012
Legislation: Australian Consumer Law s 232 Trade Practices Act 1974 (Cth) ss 52, 59
Date of hearing: 19 March 2012
Place: Melbourne
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 14
Counsel for the Applicant: Ms L Nichols
Solicitor for the Applicant: Corrs Westgarth Chambers
Counsel for the Fifth Respondent: Ms Lowe appeared by telephone
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 362 of 2011
BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
Applicant
AND: HALKALIA PTY LTD ACN 010 134 362
First Respondent
HEARTLINK ENTERPRISES PTY LTD ACN 126 143 075
Second Respondent
NATIONAL SEMI-RETIRED GROUP PTY LTD ACN 080 966 454
Third Respondent
LAURENCE GLYNNE HANN
Fourth Respondent
VICKI ANN LOWE
Fifth Respondent
JUDGE: TRACEY J DATE OF ORDER: 28 mAY 2012 WHERE MADE: MELBOURNE
THE COURT ORDERS BY CONSENT THAT:
1. Pursuant to s 232 of the Australian Consumer Law, the fifth respondent be restrained, for a period of seven years from the date of the Court's order, whether by herself, her servants, agents or otherwise, from being directly or indirectly knowingly concerned in, or a party to, the conduct, in trade or commerce, of the second respondent or any other corporation, in making representations in relation to a business activity or opportunity to the effect that: (a) the business, once acquired by a purchaser, has the potential to generate earnings for the purchaser in any particular amount ("projected earnings"); or (b) there is a realistic prospect that the business, once acquired by a purchaser, would generate the projected earnings; or (c) there is a reasonable basis for potential purchasers to expect that the business would generate the projected earnings; unless the second respondent or the corporation has reasonable grounds for the making of such representations. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011
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