Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v Teleloans Pty Ltd [2015] FCA 648 Citation: Australian Securities and Investments Commission v Teleloans Pty Ltd [2015] FCA 648
Parties: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v TELELOANS PTY LTD and FINANCE & LOANS DIRECT PTY LTD
File number: QUD 299 of 2014
Judge: LOGAN J
Date of judgment: 30 June 2015
Catchwords: CONSUMER LAW – consumer credit – conduct as a credit provider – alleged contraventions of the National Consumer Credit Protection Act 2009 (Cth) (the Act) and National Credit Code (Sch 1 to the Act) – application of the Act and the Code to the respondent companies' activities – first respondent provided loan application services to applicants for credit, the second respondent provided loans to successful applicants for credit – whether respondents had arrangement such that amounts payable to them under their respective contracts were each charges for the provision of credit – definition of contract Held: need to apply terms of the statute – first respondent provided service not credit – charges by first respondent merely a fee for service – no direct relationship to loan with second respondent – no contraventions of the Act
Legislation: Evidence Act 1995 (Cth) s 191 National Consumer Credit Protection Act 2009 (Cth) ss 3, 5 Consumer Credit (NSW) Act 1995 (NSW)
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