Narnia Investments Pty Ltd - s.87B undertaking

Narnia Investments Pty Ltd (Narnia) and its sole director, Mr Simon Clarke (Mr Clarke), have provided a s87B Undertaking to the ACCC in conjunction with the settlement of civil court proceedings taken against them by the ACCC.

Narnia and Mr Clarke were found by the Federal Court to have engaged in misleading and deceptive conduct pursuant to section 52 of the Trade Practices Act.

Injunctions were imposed by the Federal Court against Narnia and Mr Clarke.

Mr Clarke was also ordered to undertake trade practices law compliance training.

The conduct concerned Narnia (which formerly controlled Advanced Hair Studio in Hobart) and Mr Clarke making false and misleading representations regarding a vulnerable consumer's right under his contract with Advanced Hair Studio Hobart to terminate the contract and obtain a refund of his deposit monies.

Under the terms of the consumer's $15,500 hair replacement contract with Advanced Hair Studio Hobart, the consumer was entitled to terminate his contract and to receive a refund of his deposit monies in circumstances where no hair treatment had actually commenced.

The s87B Undertaking provided by Narnia and Mr Clarke requires them to pay the affected consumer the $5,000 balance of $10,000 damages previously agreed between the ACCC and Mr Clarke ($5,000 has already been paid) and to refund the consumer his $1,800 deposit.

The Undertaking also requires Narnia and Mr Clarke to pay the ACCC's legal costs in the sum of $12,785