Australian Competition and Consumer Commission v SensaSlim Australia Pty Ltd (in liq) (No 5) [2014] FCA 340

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v SensaSlim Australia Pty Ltd (in liq) (No 5) [2014] FCA 340 Citation: Australian Competition and Consumer Commission v SensaSlim Australia Pty Ltd (in liq) (No 5) [2014] FCA 340

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v SENSASLIM AUSTRALIA PTY LTD (IN LIQUIDATION) ACN 140 333 133, PETER CLARENCE FOSTER, PETER LESLIE O'BRIEN, ADAM TROY ADAMS and MICHAEL ANTHONY BOYLE

File number: NSD 1163 of 2011

Judge: YATES J

Date of judgment: 8 April 2014

Catchwords: CONSUMER LAW – franchising – appointment of Area Managers in relation to supply of claimed weight loss product – whether misleading or deceptive conduct – whether representations made that are false or that are false or misleading in a material particular – whether invitations made to engage in a business activity requiring the performance of work and/or the investment of moneys – whether personal respondents liable as principals or accessories – whether any relevant obligation of disclosure arises independently of the requirements of the Franchising Code.

Legislation: Companies Act 1962 (SA) s 124 Competition and Consumer Act 2010 (Cth) ss 6, 51AE, 51ACA Competition and Consumer Act 2010 (Cth) Sch 2 ss 18, 29 Corporations Act 2001 (Cth) s 9 Crimes Act 1914 (Cth) s 5 Evidence Act 1995 (Cth) ss 57, 135 Franchising Code cl 3, 4, 5, 6, 6A, 10 Trade Practices Act 1974 (Cth) ss 52, 53, 59, 75B, 232 Trade Practices (Industry Codes – Franchising) Regulations 1998 (Cth) reg 3