Daly v Elite Introductions [2017] NSWCATCD 76

Daly v Elite Introductions [2017] NSWCATCD 76

The Tribunal found the Respondents used misleading and deceptive statements and pressure sales techniques to induce the Applicant to enter into the contract without a cooling-off period, and that this amounted to misleading and deceptive as well as unconscionable conduct under the Australian Consumer Law, justifying a partial refund.

Parties
Applicant: Zoë Daly; First Respondent: Trudy Gilbert t/as Elite Introductions; Second Respondent: Elite Introductions International Pty Ltd ACN 116 607 642
Jurisdiction
Australia
Judgment Date
31 August 2017
Procedural Posture
Consumer Claim / Decision
Outcome
Application allowed in part
Legal Topics
Australian Consumer Law, Misleading and Deceptive Conduct, Unconscionable Conduct, Introduction Services, Contracts
Consumer Law Australian Consumer Law Misleading and Deceptive Conduct Unconscionable Conduct Introduction Services Contracts

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Zoë Daly

Applicant

Trudy Gilbert t/as Elite Introductions

First Respondent

Elite Introductions International Pty Ltd ACN 116 607 642

Second Respondent

Procedural Posture

Consumer Claim / Decision

Legal Issues

  1. 1 Whether the Respondents engaged in misleading and deceptive conduct under s 18 of the Australian Consumer Law
  2. 2 Whether the Respondents engaged in unconscionable conduct or used undue influence contrary to s 21 of the Australian Consumer Law
  3. 3 Whether the introduction services were provided with due care and skill and reasonably fit for purpose under ss 60 and 61 of the Australian Consumer Law

Ratio Decidendi

The Tribunal found the Respondents used misleading and deceptive statements and pressure sales techniques to induce the Applicant to enter into the contract without a cooling-off period, and that this amounted to misleading and deceptive as well as unconscionable conduct under the Australian Consumer Law, justifying a partial refund.

Court Disposition

Application allowed in part

Orders

  • Elite Introductions International Pty Ltd be joined as Second Respondent to the application.
  • The Respondents pay the Applicant the sum of $4,000.00.