Director General, Department Of Services, Technology & Administration v Veall (No. 6) [2012] NSWSC 1118

Supreme Court New South Wales

Medium Neutral Citation: Director General, Department Of Services, Technology & Administration v Veall (No. 6) [2012] NSWSC 1118 Hearing dates: 28 June 2012 Decision date: 13 November 2012 Jurisdiction: Common Law Before: Davies J Decision: The Plaintiff should bring in Short Minutes of Order to reflect the findings made in these reasons for judgment. Catchwords: TRADE AND COMMERCE - Trade Practices Act and associated legislation - consumer protection - misleading and deceptive conduct - unconscionable conduct - introduction agency - remedies - injunctions and declarations - compensatory orders - where defendants bankrupt - whether provable in the bankruptcies Legislation Cited: Bankruptcy Act 1966 Fair Trading Act 1987 (NSW) Trade Practices Act 1974 (Cth) Cases Cited: Akron Securities Ltd v Iliffe (1997) 41 NSWLR 353 Australian Competition and Consumer Commission v Kritharas; Re Kritharas [2000] FCA 1442; (2000) 178 ALR 363 Australian Competition and Consumer Commission v Powerballwin.com.au Pty Ltd [2010] FCA 378 Australian Competition and Consumer Commission v Star Promotions Club Pty Ltd [2010] FCA 139 Commissioner for Fair Trading v TLC Consulting Services Pty Ltd [2011] QSC 233 Commissioner for Fair Trading v TLC Consulting Services Pty Ltd [2011] QSC 374 Director General, Department of Services, Technology and Administration v Veall [No 1] [2011] NSWSC 209 Director General, Department of Services, Technology and Administration v Veall & Ors (No 2) [2011] NSWSC 358 Director General, Department of Services, Technology and Administration v Veall (No 4) [2011] NSWSC 904 Director-General of the Department of Fair Trading v Monaghan [2003] NSWSC 1099 Holloway v Withan (1990) 21 NSWLR 70 Holt v Biroka Pty Ltd (1988) 13 NSWLR 629 I & L Securities and HTW Valuers [2002] HCA 41; (2002) 210 CLR 109 Re Lenske; Ex parte Lenske (1986) 9 FCR 532 Tobacco Institute of Australia Ltd v Australian Federation of Consumer Organisations Inc (No. 2) (1993) 41 FCR 89 Category: Interlocutory applications Parties: Director General, Department of Services, Technology & Administration (Plaintiff) Hollie Veall (First Defendant) Helen Dimitrijevski (Second Defendant) Zivko Dimitrijevski (Third Defendant) Representation: Counsel: G Sarginson (Plaintiff) R Daoud (Solicitor) (First Defendant) No Appearances (Second & Third Defendants) Solicitors: Fair Trading Legal Services (Plaintiff) TW Legal (First Defendant) No Appearances (Second & Third Defendants) File Number(s): 2009/325996