DEPARTMENT FOR CONSUMER AND EMPLOYMENT PROTECTION and CHEQUECASH PTY LTD

In the case between the Department for Consumer and Employment Protection and ChequeCash Pty Ltd, the dispute centred on whether the respondent had contravened a key requirement in a consumer credit contract by misstating the total interest charges payable. This matter was adjudicated in the Western Australian Civil and Administrative Tribunal. The respondent, ChequeCash, was accused of breaching section 15(E) of the Consumer Credit (Western Australia) Code, which mandates that a credit contract must not contain a statement of the total interest charges payable if that statement is not accurate.

The primary legal issue the court had to resolve was whether ChequeCash had indeed contravened the key requirement by providing an inaccurate statement of total interest charges payable. This required a thorough examination of the contract in question and the specific terms and conditions under which it was provided. The court had to determine whether the misstatement was material and whether it had misled consumers in a way that breached the statutory provisions.

The court found that the respondent had not contravened the key requirement as alleged. The tribunal examined the evidence presented and concluded that the misstatement, if any, was not material enough to mislead consumers or breach the statutory provisions. The tribunal found that the misstatement did not have a significant impact on the consumers' understanding of the total interest charges payable, and therefore, did not constitute a breach of the key requirement. As a result, the application by the Department for Consumer and Employment Protection was dismissed.

Consequently, the tribunal issued two orders. The first order declared that the respondent had not contravened the key requirement as alleged in the proceeding. The second order dismissed the application brought by the Department for Consumer and Employment Protection.