Michael Hodge KC appeared for the respondent, instructed by Burns & Associates Solicitors.
This case involved an application brought by three consumers, for undue harassment over debts they did not owe, and for misleading conduct. The Court considered the application of the Australian Securities and Investments Commission Act 2001 (Cth), Competition and Consumer Act 2010 (Cth), Federal Court of Australia Act 1976 (Cth), Federal Court Rules 2011 (Cth), and Privacy Act 1988 (Cth). It was held that the respondent had unduly harassed the applicants and had made a false or misleading representation, by representing to Witness B that he needed to make a payment to Panthera of $100 to have a default listing removed from his credit file, where the listing was inaccurate and the consumer had a right to have the default listing removed without charge. Jagot J ordered that pursuant to s 246(2)(b) of the ACL, Panthera continue to maintain a compliance program for three years and contribute to the costs of the ACCC in the amount of $100,000.
The judgment can be read by clicking here
