Director General, Department of Services, Technology and Administration v Veall & Ors (No 2) [2011] NSWSC 358

Supreme Court New South Wales

Medium Neutral Citation: Director General, Department of Services, Technology and Administration v Veall & Ors (No 2) [2011] NSWSC 358 Hearing dates: 24.3.2011; 11.4.2011; 14.4.2011; 02.5.2011 Decision date: 03 May 2011 Jurisdiction: Common Law Before: BUDDIN J Decision: (a) Between 1 March 2003 and 3 August 2009, TLC engaged in conduct which was misleading or deceptive, or likely to mislead or deceive within the meaning of s 52 of the TPA and s 42 of the FTA . It also engaged in conduct which was unconscionable within the meaning of s 51AB of the TPA and s 43 of the FTA ; (b) The first defendant from 12 March 2007 was directly or indirectly, knowingly concerned in or a party to, the said contraventions of TLC within the meaning of s 75B of the TPA and s 61 of the FTA ; (c) The third defendant was directly or indirectly, knowingly concerned in or a party to, the said contraventions of TLC within the meaning of s 75B of the TPA and s 61 of the FTA . Catchwords: Introduction agency - allegations of misleading and deceptive conduct - allegations of unconscionable conduct - accessorial liability of the defendants - ex parte proceedings Legislation Cited: Corporations Act 2001 (Cth) Evidence Act 1995 (NSW) Fair Trading Act 1987 (NSW) Trade Practices Act 1974 (Cth) Cases Cited: Ainsworth v Burden [2005] NSWCA 174 Australian Competition and Consumer Commission v Black on White Pty Limited [2001] FCA 187 Australian Competition and Consumer Commission v IMB Group Pty Ltd [2003] FCAFC 17 Australian Competition and Consumer Commission v Kaye [2004] FCA 1363 Australian Securities and Investments Commission v Maxwell [2006] NSWSC 1052 Australian Securities and Investments Commission v Sydney Investment House Equities Pty Ltd [2008] NSWSC 1224 Butcher v Lachlan Elder Realty Pty Limited (2004) 218 CLR 592 Compac Computer Australia Pty Ltd v Merry (1998) 157 ALR 1 Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594 Crocodile Marketing v Griffith Vintners (1989) 28 NSWLR 539 Daniels v Anderson (1995) 37 NSWLR 438 Director-General of the Department of Fair Trading v Monaghan [2003] NSWSC 1099 Director General, Department of Services, Technology and Administration v Veall [2011] NSWSC 209 [No 1] Galea v Bagtrans Pty Limited [2010] NSWCA 350 Higgins v Sinclair [2011] NSWSC 163 Houghton v Arms (2006) 225 CLR 553 Medical Benefits Fund of Australia v Cassidy (2003) 205 ALR 402 Motor Trade Finances Prestige Leasing Pty Ltd v Elderslie Finance Group Corp Ltd [2006] NSWSC 1348 National Australia Bank Ltd v McCann [2010] NSWSC 766 Pereira v Director of Public Prosecutions (1988) 82 ALR 217 Rafferty v Time 2000 West Pty Limited (No 4) [2010] FCA 725 Sydneywide Distributors Pty Ltd v Red Bull Australia Pty Ltd [2002] FCAFC 157 WesTrac Pty Ltd v Eastcoast OTR Tyres Pty Ltd [2009] NSWSC 728 Yorke v Lucas (1985) 158 CLR 661 Category: Interlocutory applications Parties: Director General, Department of Services, Technology and Administration (Plaintiff) Hollie Veall (First Defendant) Helen Dimitrijevski (Second Defendant) Zivko Dimitrijevski (Third Defendant) Representation: Counsel: G Sarginson (Plaintiff) No appearance (Defendants) Solicitors: Ms B Mauro File Number(s): 2009/325996