DIRECTOR-GENERAL OF THE DEPARTMENT OF FAIR TRADING v Joanna MONAGHAN & 1 Ors [2003] NSWSC 1099

New South Wales Supreme Court

CITATION : DIRECTOR-GENERAL OF THE DEPARTMENT OF FAIR TRADING v Joanna MONAGHAN & 1 Ors [2003] NSWSC 1099 HEARING DATE(S) : 20/10/03, 21/10/03, 22/10/03, 23/10/03, 24/10/03 JUDGMENT DATE : 17 December 2003

JUDGMENT OF : Bell J at 1 DECISION : See paragraph 204

Fair Trading Act 1987 LEGISLATION CITED : Introduction Agents Act 1997 (Vic) Introduction Agents Act 2001 (Qld) Commercial Bank of Australia Ltd v Amadio (1982-1983) 151 CLR 447 Consumer Affairs v Bona fide Consultants Pty Ltd (unreported), NSWSC, 28 March 1994 CASES CITED : Holloway v Witham (1990) 21 NSWLR Tanwar Enterprises Pty Ltd v Cauchi [2003] HCA 57; 77 ALJR 1853 Yorke v Lucas (1985) 158 CLR 661 DIRECTOR-GENERAL OF THE DEPARTMENT OF FAIR TRADING (Plaintiff) PARTIES : Joanna MONAGHAN (1st Defendant) David James Harold DARBY (2nd Defendant) FILE NUMBER(S) : SC 12823/02 P. Griffin (Plaintiff) COUNSEL : A.G. Diethelm (1st Defendant) In Person (2nd Defendant) D.I. Catt Solicitor (Plaintiff) SOLICITORS : The Hargreaves Practice, Solicitors (1st Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BELL J

Wednesday 17 December 2003

12823/02 DIRECTOR-GENERAL OF THE DEPARTMENT OF FAIR TRADING v Joanna MONAGHAN (1st Defendant) David James Harold DARBY (2nd Defendant)

JUDGMENT 1 BELL J: The First Defendant is the proprietor of an introduction agency established in April 2000 trading under the name "Liberty Network". During the period between 6 March 2002 and 15 October 2002 the Plaintiff alleges that the First Defendant by her servants and agents engaged in conduct in respect of the supply of introduction services to certain of the clients of Liberty Network that was in all the circumstances unconscionable contrary to s 43 of the Fair Trading Act 1987 (the FTA).