Australian Competition and Consumer Commission v Harrison (No 2) [2017] FCA 182

Australian Competition and Consumer Commission v Harrison (No 2) [2017] FCA 182

The respondents engaged in a system of conduct or pattern of behaviour unconscionable under the Australian Consumer Law, including contract transfers without consent, failure to notify, demanding termination fees, and harassment for payments. Mr Harrison, as director, was knowingly involved. Appropriate relief includes: declarations, injunctions for two years restraining telecommunications business, pecuniary penalties totalling $200,000 for corporate respondents and $50,000 for Mr Harrison, a three-year disqualification order for Mr Harrison, redress orders for affected customers, and costs payable to the ACCC.

Jurisdiction
Australia
Judgment Date
02 March 2017
Procedural Posture
Civil / Post Liability Judgment—relief and Final Orders
Outcome
Declarations of contravention, injunctions for two years, civil penalties imposed, disqualification order, redress to customers, costs granted.
Legal Topics
['unconscionable Conduct' 'undue Harassment' 'pecuniary Penalties' 'injunctions' 'disqualification Orders' 'redress for Non Party Consumers']
['consumer Law' 'corporations Law'] ['unconscionable Conduct' 'undue Harassment' 'pecuniary Penalties' 'injunctions' 'disqualification Orders' 'redress for Non Party Consumers']

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Procedural Posture

Civil / Post Liability Judgment—relief and Final Orders

Legal Issues

  1. 1 ['Whether respondents engaged in unconscionable conduct in trade or commerce under s 21 of the Australian Consumer Law' 'Whether respondents used undue harassment in connection with the supply or possible supply of services and payment for services contrary to s 50 of the Australian Consumer Law' 'Appropriate form and scope of relief including declarations, injunctions, pecuniary penalties, disqualification orders, redress orders, compliance program, and costs']

Ratio Decidendi

The respondents engaged in a system of conduct or pattern of behaviour unconscionable under the Australian Consumer Law, including contract transfers without consent, failure to notify, demanding termination fees, and harassment for payments. Mr Harrison, as director, was knowingly involved. Appropriate relief includes: declarations, injunctions for two years restraining telecommunications business, pecuniary penalties totalling $200,000 for corporate respondents and $50,000 for Mr Harrison, a three-year disqualification order for Mr Harrison, redress orders for affected customers, and costs payable to the ACCC.

Court Disposition

Declarations of contravention, injunctions for two years, civil penalties imposed, disqualification order, redress to customers, costs granted.

Orders

  • ['Declarations of contravention against relevant respondents for unconscionable conduct and undue harassment.' 'Injunction restraining second and fifth to eleventh respondents and Mr Harrison from carrying on business in telecommunication for two years.' 'Civil penalties: second, fifth, and sixth respondents $50,000...