The Federal Court has ordered Letore Pty Ltd (Letore) to compensate victims of a permanent residency program, which was operated by Clinica Internationale Pty Ltd (Clinica), for amounts they paid to Clinica.
In 2016, the Federal Court found that Clinica had engaged in unconscionable conduct and made false or misleading representations about the program.
On 9 February 2018 , the Court held that Letore and a related company, Swishette Pty Ltd, were knowingly concerned in the contravening conduct of Clinica. At the time of the conduct, Letore’s sole director, Mr Radovan Laski, also controlled Clinica.
“We welcome the Court’s ruling to compensate the vulnerable people targeted by Mr Laski through this program,” ACCC Commissioner Sarah Court said.
“In this case, we have been able to obtain compensation for the victims of this conduct via an associated entity of Clinica which was controlled by Mr Laski.”
“We continue to prioritise taking action against those who target disadvantaged or vulnerable consumers,” Ms Court said.
In 2012-13, Clinica had offered migrants training and sponsored employment in the cleaning industry, claiming it would lead to permanent residency. In reality, Clinica had few, if any, jobs to offer, and knew these jobs did not meet permanent residency requirements.
Approximately 90 migrants paid more than $760,000 to participate in the scheme, with many individuals paying $10,000 or more.
Important note: The ACCC will take steps to contact Clinica victims to inform them of this judgment. Clinica victims who believe they may be eligible to receive a refund should contact the ACCC Infocentre on 1300 302 502.
Background
This proceeding follows action taken by the ACCC in 2015 against Clinica and Mr Laski.
In 2016, Clinica was held to have engaged in unconscionable conduct and to have made false or misleading representations, and Mr Laski was held to have been knowingly concerned in Clinica’s conduct. The case resulted in fines of $1.025 million and a five year disqualification of Mr Laski from managing corporations.
In 2002, Mr Laski was also found to have engaged in misleading or deceptive conduct in relation to the sale and promotion of orange juice vending machines.