Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v ACN 092 879 733 Pty Ltd [2012] FCA 923 Citation: Australian Securities and Investments Commission v ACN 092 879 733 Pty Ltd [2012] FCA 923
Parties: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v ACN 092 879 733 PTY LTD (ACN 092 879 733) (Formerly known as EasyChoice Home Loans Pty Ltd) and NATHAN ELALI
File number: NSD 401 of 2012
Judge: NICHOLAS J
Date of judgment: 31 August 2012
Catchwords: CONSUMER LAW – whether respondents held out or advertised loans for purchase or refinance of owner occupied or investment residential property on website – whether respondents thereby contravened s 30(2) of the National Consumer Credit Protection Act 2009 (Cth) Held: declarations and injunction granted – second respondent ordered to pay pecuniary penalty of $7,500
Legislation: National Consumer Credit Protection Act 2009 (Cth) s 5, s 6, s 28, s 29, s 30(1), s 30(2), s 36, s 166, s 167, s 169, Pt 6-2, Sch 1 National Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009 (Cth) s 4, Sch 2
Cases cited: Australian Competition and Consumer Commission v Jutsen (No 4) [2012] FCA 503 Yorke v Lucas (1985) 158 CLR 661
Date of hearing: Determined on the papers
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 44
Solicitor for the Applicant: Australian Securities and Investments Commission
Counsel for the Respondents: The First and Second Respondents did not appear
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