Hueter v Learn to Trade Pty Limited

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Civil and Administrative Tribunal


New South Wales

Medium Neutral Citation: Hueter v Learn To Trade Pty Limited [2018] NSWCATCD 71
Hearing dates: 7 and 28 June 2018
Date of orders: 19 November 2018
Decision date: 19 November 2018
Jurisdiction:Consumer and Commercial Division
Before: G J Sarginson, Senior Member
Decision:

1.   The respondent, Learn to Trade Pty Ltd, is to pay the applicant, Allysha Hueter, the sum of $16,362.84 on or before 14 days from the date of this decision.

Catchwords: CONSUMER CLAIM - Training and education services - Whether misleading or deceptive conduct - Whether services provided with due care and skill - Whether services fit for purpose - Breach established - Assessment of compensation
Legislation Cited: Australian Consumer Law 2010
Australian Consumer Law and Fair Trading Act 2012 (Vic)
Australian Securities and Investment Commission Act 2001) (C’th)
Australian Securities and Investment Commission Regulations 2001 (C’th)
Commonwealth Constitution
Competition and Consumer Act 2010 (C’th)
Corporations Act 2001 (C’th)
Fair Trading Act 1987 (NSW)
Judiciary Act 1903 (C’th)
Cases Cited: Attorney General for NSW v Gatsby [2018] NSWCA 254
Audsley v AF&L First Mortgages Ltd [2015] VCAT 1684
Avoca Consultants Pty Ltd v Millenium3 Financial Services Pty Ltd [2009] FCA 883; (2009) 179 FCR 46; 73 ACSR 307
Curtis v Potter & Co Pty Ltd t/as The Africa Safari Co [2016] NSWCATAP 196
Herbert v American Express Australia Ltd & Ors [2016] NSWCATAP 47
Herbert v American Express Limited & Ors (No 2) [2016] NSWCATCD 98
HTW Valuers (Central Qld) Pty Ltd v Astonland Pty Ltd [2004] HCA 54; (2004) 217 CLR 640
Vati v Commonwealth Securities Limited [2015] VCAT 307
Jenkinson v Chaw [2015] NSWCATAP 127
Lam v Steve Jarvin Motors Pty Ltd [2016] NSWCATAP 186
Miller & Associates Insurance Broking Pty Ltd v BMW Australia Finance Ltd [2010] HCA 31; (2010) 270 ALR 204
Murphy v Overton Investments Pty Ltd [2004] HCA 3; (2004) 216 CLR 388
Parkdale Custom Built Furniture Pty Ltd v Puxu Ltd [1982] HCA 44; (1982) 141 CLR 191
Perpetual Trustee Limited and Anor v Ishak [2012] NSWSC 697
Qantas Airways Limited v Lustig [2015] FCA 253
Scenic Tours Pty Ltd v Moore [2018] NSWCA 238
Sy v The Trustees for the Nero CKD Trust t/as View By Sydney [2017] NSWCATCD 98
Taco Co of Australia Inc v Taco Bell Pty Ltd
Wang v Commonwealth Bank of Australia [2018] VCAT 693
Category:Principal judgment
Parties: Allysha Hueter (Applicant)
Learn To Trade Pty Limited (Respondent)
Representation: Applicant (self-represented)
Respondent: Mr M. Merchant; Mr N. Harvey; and Ms D. Gunning
File Number(s): GEN18/14887
Publication restriction: Nil

REASONS FOR DECISION

  1. The dispute involves the provision of financial training and coaching services by the respondent to the applicant to become a successful foreign exchange (‘forex’) trader. The services included applicant participating in a “Learn Forex Course” and an “Unlimited Wealth Course”. The services also involved a computer program for forex trading known as “Smart Charts”.

  2. The relationship between the parties commenced on…

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Details
Case
[2018] NSWCATCD 71
Decision Date

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, Allysha Hueter brought a claim against Learn to Trade Pty Ltd, seeking compensation for misleading or deceptive conduct, lack of due care and skill, and services that were not fit for purpose. Ms Hueter alleged that she enrolled in a trading course provided by Learn to Trade, which she claimed was falsely represented as being suitable for beginners and capable of guaranteeing profits. The court had to determine whether Learn to Trade engaged in misleading or deceptive conduct, whether it provided the services with due care and skill, and whether the services met the standard of being fit for purpose.

The court examined the representations made by Learn to Trade in its advertising and promotional materials, finding that they were misleading in that they implied the course would guarantee profits and was suitable for beginners. It was held that Learn to Trade failed to exercise the required degree of care and skill in delivering the course, as the content did not align with the advertised promises. Furthermore, the services did not meet the necessary standard of being fit for purpose, as Ms Hueter was unable to achieve the promised outcomes. The court found that Learn to Trade had breached the Australian Consumer Law by engaging in misleading or deceptive conduct, failing to provide services with due care and skill, and providing services that were not fit for purpose.

Consequently, the court ordered Learn to Trade to compensate Ms Hueter in the amount of $16,362.84, to be paid within fourteen days from the date of the decision. The court held that the evidence supported the claim that Learn to Trade's conduct warranted compensation under the Australian Consumer Law. The court did not order any further relief beyond the financial compensation.

Orders

Orders of the court

1. The respondent, Learn to Trade Pty Ltd, is to pay the applicant, Allysha Hueter, the sum of $16,362.84 on or before 14 days from the date of this decision.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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