Commerce Commission v Macful International Ltd [2017] NZDC 18615

Published 16 April 2018

Failure to disclose — breach of the Credit Contracts and Consumer Finance Act — Credit Contracts and Consumer Finance Act 2003 ss 17, 27 & 32 — Financial Service Providers (Registration and Dispute Resolution) Act 2008 — Fair Trading Act 1986 — sentencing — Commerce Commission v Betterlife Corporation Ltd & Goodring Company Ltd [2016] NZDC 10579 — Commerce Commission v Best Deals 4 You Ltd [2017] NZDC 3427. The defendant operates a mobile trader business. On various dates, the disclosure document that the defendant provided to debtors failed to disclose certain key information applicable to the contact as set out in Schedule 1 to the CCCFA. The court used the case of "Commerce Commission v Betterlife Corporation Ltd" as a comparison due to the similarities in terms of the time period and nature of the breaches. For the s 32 offending the defendant was fined $84,000 after receiving a discount for pleading guilty. The defendant was also fined $28,000 and $14,000 to cover other charges. Judgment Date: 17 August 2017