Melbourne Magistrates’ Court has confirmed an interim injunction restraining Mark William Whittingham and his business, Connection Blue Pty Ltd and ordered the defendants to pay more than $5000 costs.
Mr Whittingham had sent unsolicited emails to real estate agents, advertising rent rolls for sale through his business.
In relation to rent rolls, mortgage trail books or planning books, the court has restrained those parties from:
- disbursing, transferring, dealing with, drawing on or disposing of deposit monies received (up to $161,000) prior to the sale and delivery of the assets
- requesting any money from any person for access to such assets
requesting/disbursing/transferring/drawing on/disposing of any payment or other consideration (after this order was made) prior to the actual delivery of the goods.
The court ordered the defendants to pay costs of $5076 (including $700 costs previously ordered on 30 April).
The court also struck out the defendants’ Notice of Defence and gave them leave to file an amended Notice of Defence by 4pm on 14 June 2013.
For details of the Acting Director of Consumer Affairs Victoria‘s March 2013 warning about the conduct of Mr Whittingham and his business, view the Mark William Whittingham and Connection Blue Pty Ltd – Public warning.
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