Australian Competition and Consumer Commission v We Buy Houses Pty Ltd [2017] FCA 915

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v We Buy Houses Pty Ltd [2017] FCA 915 File number: NSD 170 of 2015

Judge: GLEESON J

Date of judgment: 11 August 2017

Catchwords: CONSUMER LAW – misleading or deceptive conduct – alleged breaches of ss 18, 29(1)(e), (f) and (g), 34 and 37 of the Australian Consumer Law – where alleged that the respondents represented that the respondents could teach consumers how to buy a house for $1, and/or without a deposit or a bank loan, and/or with little or none of the consumer's money, and/or generate income and profit by dealing with property in various ways – alleged representation that first respondent had been successful in real estate by using the advertised methods – where representations made in a book, on several websites, at free seminars and in various training courses – whether alleged representations were made out – whether mere puffery – whether representations as to future matters – application of s 4 of the Australian Consumer Law – whether there were reasonable grounds for making of the representations – whether first respondent was directly or indirectly, knowingly concerned in, or party to, contraventions of the Australian Consumer Law by the second respondent – contraventions found PRACTICE AND PROCEDURE – leave sought to rely on amended version of statement of claim served during trial – leave refused

Legislation: Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth) Australian Securities and Investments Commission Act 2001 (Cth) Evidence Act 1995 (Cth) Trade Practices Act 1974 (Cth) Real Property Act 1900 (NSW)