The Australian Competition and Consumer Commission has commenced proceedings against Peter O’Brien alleging contempt of court.
Mr O’Brien is the sole director of Sensaslim Australia Pty Ltd, which is in liquidation.
On 16 June 2011, the ACCC obtained interim orders to preserve money held in the Sensaslim account with the Commonwealth Bank of Australia. Material filed in court in support of the application included information from some Sensaslim franchisees.
The ACCC alleges that Mr O’Brien authored or authorised a communication sent to franchisees of Sensaslim Australia Pty Ltd which had a tendency to interfere with the administration of justice.
The ACCC is seeking a declaration, penalties and costs against Mr O’Brien.
A directions hearing has been set down in the Federal Court in Sydney for 31 August 2011.
Separately, in July the ACCC instituted proceedings alleging that Sensaslim Australia Pty Ltd (administrator appointed) and several of its officers engaged in misleading and deceptive conduct and made false representations. The next court date for this matter is scheduled for 17 August.