Court confirms interim injunction against rent roll seller Mark Whittingham
An interim injunction has been served against Mark William Whittingham and his business, Connection Blue Pty Ltd restraining them from selling rent rolls, mortgage trail commission books or financial planning books.
The injunction was confirmed by the Melbourne Magistrates’ Court, which also ordered the defendants to pay more than $5,000 in legal costs.
The details of the injunction were revealed by Consumer Affairs Victoria after warning estate agents in Victoria and NSW in March about unsolicited emails being sent out by Connection Blue Pty Ltd.
Whittingham had sent unsolicited emails to real estate agents, advertising rent rolls for sale through Connection Blue, which was only registered as a proprietary company in August last year.
Consumer Affairs said in March that in one instance, it is claimed a Victorian estate agent paid $135,000 for rent rolls but did not receive access or a refund.
Another Victorian estate agent alleges to have paid $24,200 and a New South Wales agent claims to have paid $1,000.
Whittingham is well known in mortgage broking circles with the MFAA issuing a warning to its members about his business practices in November last year.
Whittingham had previously offered to sell loan trail books to mortgage brokers through another company that has since been placed in liquidation, with brokers not being refunded their deposits as promised in information booklets.
Specifically, the interim injunction restrains Whittingham and Connection Blue from “disbursing, transferring, dealing with, drawing on or disposing of deposit monies received (up to $161,000) prior to the sale and delivery” of rent rolls, mortgage trail books or planning books.
It also restrains both parties from “requesting any money from any person for access to these assets” and “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.
