Global InformationASIC v Kobelt information
| Australian Securities and Investments Commission v Kobelt | |
|---|---|
 | |
| Court | High Court of Australia |
| Decided | 12 June 2019 |
| Citation(s) | [2019] HCA 18 |
| Transcript(s) | [2018] HCATrans 252 [2018] HCATrans 153 |
| Case history | |
| Prior action(s) | [2018] FCAFC 18 [2016] FCA 1327 |
| Court membership | |
| Judge(s) sitting | Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon & Edelman JJ |
| Case opinions | |
| appeal dismissed (per Kiefel CJ, Bell JJ) (Keane J) (Gageler J) dissenting (Nettle J) (Gordon J) (Edelman J) | |
Australian Securities and Investments Commission v Kobelt is a decision of the High Court of Australia.[1] It was an appeal brought by ASIC against a Mr Kobelt, seeking to overturn a unanimous decision of the Full Federal Court. It had been found that while Kobelt had contravened s29(1) of the National Consumer Credit Protection Act 2009 (Cth)[2] (for engaging in "credit activity" unlicensed), he did not engage in "unconscionable conduct in connection with financial services" in contravention with s12CB(1) of the ASIC Act.[3][4]
A majority of the High Court dismissed ASIC's appeal.[5]
- ^ Byrne, Elizabeth (12 June 2019). "Store owner who ran controversial repayment system for Aboriginal locals has conviction thrown out". ABC Radio National. Australian Broadcasting Corporation. Retrieved 30 July 2020.
- ^ National Consumer Credit Protection Act 2009 (Cth) s 29 Prohibition on engaging in credit activities without a licence .
- ^ Australian Securities and Investments Commission Act 2001 (Cth) s 12CB Unconscionable conduct in connection with financial services.
- ^ Barnett, Katy (20 June 2019). "Australian Securities and Investments Commission v Kobelt | Opinions on High". Opinions on High. Retrieved 30 July 2020.
- ^ ASIC v Kobelt [2019] HCA 18. Judgment summary (PDF), High Court, 12 December 2019