Director of Consumer Affairs Victoria v Gibson (No 2)

[2017] FCA 366

FEDERAL COURT OF AUSTRALIA

Director of Consumer Affairs Victoria v Gibson (No 2) [2017] FCA 366

File number:

VID 535 of 2016

Judge:

MORTIMER J

Date of judgment:

7 April 2017

Catchwords:

CONSUMER LAW – contraventions of ss 18 and 21 of the Australian Consumer Law – injunctions, declaratory relief, costs

PRACTICE AND PROCEDURE – form of orders

Legislation:

Australian Consumer Law (Vic), ss 246, 247

Cases cited:

Director of Consumer Affairs Victoria v Gibson [2017] FCA 240

Date of hearing:

Determined on the papers

Date of last submissions:

24 March 2017

Registry:

Victoria

Division:

General Division

National Practice Area:

Commercial and Corporations

Sub-area:

Regulator and Consumer Protection

Category:

Catchwords

Number of paragraphs:

9

Counsel for the Applicant:

Ms CG Button

Solicitor for the Applicant:

Consumer Affairs Victoria

Counsel for the Respondents:

The Respondents did not appear

ORDERS

VID 535 of 2016

BETWEEN:

DIRECTOR OF CONSUMER AFFAIRS VICTORIA
Applicant

AND:

MS ANNABELLE NATALIE GIBSON

First Respondent

INKERMAN ROAD NOMINEES PTY LTD (ACN 164 850 748 (IN LIQUIDATION)

Second Respondent

JUDGE:	MORTIMER J
DATE OF ORDER:	7 APRIL 2017

PENAL NOTICE

NOTICE PURSUANT TO RULE 41.06 OF THE FEDERAL COURT RULES 2011

TO:     Annabelle Natalie Gibson
           Inkerman Road Nominees Pty Ltd (ACN 164 850 748)

IF YOU:

(A)REFUSE OR NEGLECT TO DO ANY ACT WITHIN THE TIME SPECIFIED IN THIS ORDER FOR THE DOING OF THE ACT; OR

(B)DISOBEY THE ORDER BY DOING AN ACT WHICH THE ORDER REQUIRES YOU TO ABSTAIN FROM DOING,

YOU WILL BE LIABLE TO IMPRISONMENT, SEQUESTRATION OF PROPERTY OR OTHER PUNISHMENT.

ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS YOU TO BREACH THE TERMS OF THIS ORDER MAY BE SIMILARLY PUNISHED.

THE COURT DECLARES THAT:

Misleading or deceptive conduct (s 18 Australian Consumer Law (Cth) and Australian Consumer Law (Vic))

1.Annabelle Natalie Gibson engaged in conduct in trade or commerce which was misleading or deceptive or likely to mislead or deceive contrary to s 18 of the Australian Consumer Law (Vic) in that, from approximately July 2013, she made claims in connection with the development, promotion and sale of the Whole Pantry App and the Whole Pantry book that she:

(a)had been diagnosed with brain cancer in 2009;

(b)was given four months to live; and

(c)had taken and then rejected conventional cancer treatments in favour of embarking on a quest to heal herself naturally.

2.The Second Respondent engaged in conduct in trade or commerce which was misleading or deceptive or likely to mislead or deceive contrary to s 18 of the Australian Consumer Law (Cth) and s 18 of the Australian Consumer Law (Vic) in that, from about July 2013, it made claims in connection with the development, promotion and sale of the Whole Pantry App and the Whole Pantry book that Annabelle Natalie Gibson:

(a)had been diagnosed with brain cancer in 2009;

(b)was given four months to live; and

(c)had taken and then rejected conventional cancer treatments in favour of embarking on a quest to heal…