Federal Court of Australia
Federal Court of Australia
Australian Securities and Investments Commission v GoGetta Equipment Funding Pty Ltd [2021] FCA 420 File number(s): VID 532 of 2020
Judgment of: DAVIES J
Date of judgment: 26 April 2021
Catchwords: CONSUMER LAW – contraventions of sections 29 and 32 of National Consumer Credit Protection Act 2009 (Cth) –providing consumer leases without an Australian Credit Licence – systemic failure to have an effective process for verifying business use in the conduct of its commercial rental business – inadequate operating model, systems, processes and controls to ensure that consumers obtain leases for predominantly business purposes and not for consumer purposes – failure to contemplate or take adequate steps to address the risk that consumers may obtain leases for consumer purposes and not commercial purposes – inadvertent avoidance of obligations under National Consumer Credit Protection Act 2009 (Cth). PRACTICE AND PROCEDURE – where the parties jointly propose an agreed pecuniary penalty – the Court's role in determining appropriate penalty when parties reach agreement.
Legislation: National Consumer Credit Protection Act 2009 (Cth) ss 5, 6, 29, 32, 166, 167, 170, 172, 175.
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2017) 254 FCR 68; [2017] FCAFC 113 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 250 CLR 640; [2013] HCA 54 Australian Securities and Investments Commission v Australia and New Zealand Banking Group Ltd [2018] FCA 155 Australian Securities and Investments Commission v GE Capital Finance Australia, in the matter of GE Capital Finance Australia [2014] FCA 701 Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate (2015) 258 CLR 482; [2015] HCA 46 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission (2012) 287 ALR 249; [2012] FCAFC 20 Volkswagen Aktiengesellschaft v Australian Competition and Consumer Commission [2021] FCAFC 49.
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