Proceedings instituted on 12.12.03 in the Federal Court, Adelaide, alleging unconscionable conduct in their dealings with an intellectually disabled man.
Between November 1996 and October 2002 the man entered into several rental, loan and service agreements with Radio Rentals and Walker Stores (which operated as ‘in Rent’ through Radio Rental stores). Radio Rentals allegedly signed up the complainant to contracts for various appliances when they were aware he had an intellectual disability and did not understand what he was signing.
ss. 51AB, 60. Alleged unconscionable conduct with accompanying harassment and coercion by a company towards an intellectually impaired couple to secure the sale of a Lux vacuum cleaner.
Proceedings were instituted on 27.7.00. Trial commenced on 22–26.4.02, 7–11.4.03 and was finished on 20.10.03. In addition to the matter, the court has also heard a number of arguments from opposing counsels regarding the admissibility of certain evidence and the applicability of privilege status of a number of documents.
Justice Nicholson ruled in favour of the ACCC on the admissibility of certain evidence and essentially ruled in favour of the ACCC to apply privilege status to a number of documents, allowing, however, a limited number of documents to forfeit any privilege status.
Justice Nicholson did, however, rule in favour of Lux regarding the admissibility of evidence from their expert witness. Orders have been made by Justice Nicholson for the filing of written closing submissions at which time the matter will be reserved awaiting his ruling.
Westfield Shopping Centre Management Co. (Qld) Pty Ltd and ors,
ss. 51AC, 52. Alleged unconscionable conduct, misleading or deceptive conduct.
Proceedings instituted 29.10.01 in the Federal Court, Brisbane, alleging that Westfield made misrepresentations in the course of leasing negotiations to former tenants of the Indooroopilly Shopping Centre, Brisbane (previously managed by Westfield).
Court orders were made on 13.9.02 and 29.10.02 on a timetable for the remaining steps before trial. All evidence was filed at 15.8.03. Respondent’s notice of motion for mediation of quantum was heard on 30.7.03. The court ordered that all issues in the proceedings be mediated on a date to be agreed by the parties.
The matter is likely to be set down for trial in 2005.
