Australian Competition & Consumer Commission v Black on White [2002] FCA 739

Australian Competition & Consumer Commission v Black on White [2002] FCA 739

Compensation should be paid for the full amount of payments made on behalf of Emma Cobb and Jody Rye as a result of the misrepresentation that the courses were accredited; interest is awarded at ten percent per annum for five years reflecting deprivation of use of moneys.

Parties
Applicant: Australian Competition and Consumer Commission; First Respondent: Black on White Pty Ltd (ACN 061 507 248) trading as Australian Early Childhood College; Second Respondent: Nicki Poteri; Third Respondent: James Nicholas Poteri; Fourth Respondent: Nicholas James Poteri
Jurisdiction
Australia
Judgment Date
12 June 2002
Procedural Posture
Notice of Motion for Compensation and Costs / Post Liability, Assessment of Compensation and Interest
Outcome
orders for payment of compensation and interest to affected persons
Legal Topics
Misleading and Deceptive Conduct, Compensation for Loss and Damage, Causation, Measure of Damages, Interest on Damages
Trade Practices Consumer Law Misleading and Deceptive Conduct Compensation for Loss and Damage Causation Measure of Damages Interest on Damages

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Parties

Australian Competition and Consumer Commission

Applicant

Black on White Pty Ltd (ACN 061 507 248) trading as Australian Early Childhood College

First Respondent

Nicki Poteri

Second Respondent

James Nicholas Poteri

Third Respondent

Nicholas James Poteri

Fourth Respondent

Procedural Posture

Notice of Motion for Compensation and Costs / Post Liability, Assessment of Compensation and Interest

Legal Issues

  1. 1 whether compensation should be paid by the third and fourth respondents to the applicant
  2. 2 if compensation is ordered, the appropriate amount to be paid
  3. 3 whether a refund of money or payment of loss and damage will compensate the loss or damage identified

Ratio Decidendi

Compensation should be paid for the full amount of payments made on behalf of Emma Cobb and Jody Rye as a result of the misrepresentation that the courses were accredited; interest is awarded at ten percent per annum for five years reflecting deprivation of use of moneys.

Court Disposition

orders for payment of compensation and interest to affected persons

Orders

  • Third and fourth respondents pay to Mr Darryl Cobb and Mrs Sarah Cobb the amount of $3,655.00 plus interest, a total amount of $5,482.50.
  • Third and fourth respondents pay to Ms Jody Rye the amount of $3,214.12 plus interest, a total amount of $4,821.18.