Below the Belt Group Pty Ltd - Court action

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10 January 2011
Court actions

An internet business has been hit with restrictions to how it can trade after failing to supply orders of men’s underwear to 10 paying customers.

The Melbourne Magistrates’ Court has found that Below the Belt Group Pty Ltd accepted payment from 11 consumers from Victoria and New South Wales, but failed to supply the advertised goods within the agreed time or at all, or supplied goods materially different to that paid for in breach of the Fair Trading Act 1999.

The court ordered Below the Belt Group be restrained for five years from accepting the payment for the supply of goods or services where it could not supply those goods and services within 10 days of payment.

The internet trader was also ordered to publish a notice on its website alerting consumers to the court outcome and to pay the Director of Consumer Affairs Victoria’s court costs of $1500.

Below the Belt Group’s sole director, Nicholas Egonidis, gave a personal undertaking to the court to complete a course familiarising himself with the requirements of the consumer protection provisions of the Fair Trading Act 1999 and the Trade Practices Act 1974.

Consumer Affairs Victoria took legal action against Below the Belt Group following the receipt of a number of consumer complaints alleging that Below the Belt Group had failed to respond to their demands for the supply of the underwear they had ordered and paid for and later to their demands for refunds.