23 November 2017

Consumer Finance: Budget Loans & Evolution Finance v. Commerce Commission

Allan Hawkins faces a potential ban from consumer financing after the Court of Appeal refused to overturn convictions against his finance companies Budget Loans and Evolution Finance for breaches of the Fair Trading Act.
Jailed in the 1990s for his role in former sharemarket darling Equiticorp, Mr Hawkins later moved into consumer financing with Budget Loans Ltd and Evolution Finance Ltd buying distressed debt from other financiers and looking to make a buck by chasing bad loans.  These companies were convicted on 106 charges of breaching the Fair Trading Act following allegations they seized mortgaged goods without authority, claimed interest in excess of their entitlement and misrepresented terms of loans offered as refinancing.  Nineteen further charges were dismissed but reinstated on appeal.
The two finance companies said they had been hard done by.  They might have been sailing close to the wind in their commercial practices, they said, but argued the law is it then stood was ambiguous.  They asked the Court of Appeal for a chance to relitigate the question.  The Commerce Commission has indicated it will use the current convictions as grounds to have management banned from consumer financing.  A second round of appeals was refused by the Court of Appeal.    
Budget Loans Ltd v. Commerce Commission, Evolution Finance Ltd v. Commerce Commission – Court of Appeal (23.11.17)

18.006