Commissioner for Fair Trading v Holz

The Commissioner for Fair Trading brought an application for interlocutory injunctions against Renee-Peter Holz and Katharina Isobell Holz, who run a business offering photographic and promotional services related to modelling. The Commissioner alleged that the Holzes engaged in conduct misleading aspiring models as to the availability, nature, and terms of employment, in breach of section 14(1) of the Fair Trading Act 1987 (WA). The court was required to decide whether there was a serious question to be tried and whether the balance of convenience favoured granting interlocutory relief.

The court found that the Commissioner had made out a serious question to be tried, as there was a strong case that the Holzes impliedly represented to customers that if they paid for photographic and promotional services there was a realistic chance of obtaining paid modelling work, where such representations were false. The court considered the context and circumstances in which the alleged representations were made and the persons to whom the representations were made. The court also noted that the Holzes had given written undertakings to the Court in relation to certain aspects of the orders sought by the Commissioner.

The court exercised its discretion to grant interlocutory injunctions, taking into account the balance of convenience. The court was satisfied that there was a significant public interest in restraining the Holzes from engaging in such conduct pending the trial of the action. The court granted an interlocutory injunction in the terms of paragraph 1 of the plaintiff's chamber summons, with the letter modified as indicated in the reasons. The court also sought input from the parties as to the precise form of the order and whether orders should be made in terms of paragraphs 2, 3, and 5 of the plaintiff's chamber summons or whether the undertakings given by the defendants on 17 June 2005 should continue.