Director General, Department of Services, Technology and Administration v Veall (No 4) [2011] NSWSC 904

Supreme Court New South Wales

Medium Neutral Citation: Director General, Department of Services, Technology and Administration v Veall (No 4) [2011] NSWSC 904 Hearing dates: 15 August 2011; 16 August 2011 Decision date: 18 August 2011 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 second 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 second defendant - ex parte proceedings Legislation Cited: Fair Trading Act 1987 (NSW) Trade Practices Act 1974 (Cth) Cases Cited: Commissioner of Fair Trading v TLC Consulting Services Pty Ltd & Ors [2011] QSC 233

Director General, Department of Services, Technology and Administration v Veall (No 1) NSWSC 209 Director-General, Department of Services, Technology and Administration v Veall (No 2) NSWSC 358 Category: Interlocutory applications Parties: Director General, Department of Services, Technology and Administration (Plaintiff) Helen Dimitrijevski (Second Defendant) Representation: Counsel: G Sarginson (Plaintiff) No appearance (Second Defendant) Solicitors: M Nicoletti (Plaintiff) File Number(s): 2009/325996 Publication restriction: Nil