Australian Securities and Investments Commission v Kobelt

HIGH COURT OF AUSTRALIAKIEFEL CJ,BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJAUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION  APPELLANTANDLINDSAY KOBELT  RESPONDENTAustralian Securities and Investments Commission v Kobelt[2019] HCA 1812 June 2019A32/2018ORDERAppeal dismissed with costs.On appeal from the Federal Court of AustraliaRepresentationS P Donaghue QC, Solicitor-General of the Commonwealth, and K E Clark with P P Thiagarajan for the appellant (instructed by Australian Securities and Investments Commission)T J North QC and H M Heuzenroeder for the respondent (instructed by Lempriere Abbott McLeod)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSAustralian Securities and Investments Commission v KobeltTrade practices – Consumer protection – Unconscionable conduct – Where s 12CB(1) of Australian Securities and Investments Commission Act 2001 (Cth) relevantly prohibited "unconscionable" conduct in trade or commerce in connection with supply or possible supply of financial services – Where respondent provided "book-up" credit to Anangu customers of general store – Where book-up credit allowed deferral of whole or part of payment for goods subject to respondent retaining customer's debit card and personal identification number – Where respondent used debit card to withdraw whole or nearly whole of wages or Centrelink payments shortly after credited to prevent customers having practical opportunity to access monies – Where respondent applied part of withdrawn funds to reduce customer's indebtedness and made remainder available for provision of future goods and services – Where respondent's record-keeping inadequate and often illegible – Where customers vulnerable due to remoteness, limitations on...