FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Nuera Health Pty Ltd (In Liquidation) ABN 97 113 678 452 [2007] FCA 695 

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v

NUERA HEALTH PTY LTD (IN LIQUIDATION) ABN 97 113 678 452, NUERA CARE CENTRE PTY LTD (IN LIQUIDATION) ABN 31 113 682 152, ALTERNATIVE CARE FACILITY PTY LTD (DEREGISTERED) ABN 94 110 546 962, NUERA INVESTMENTS PTY LTD ABN 65 113 662 918, NUERA WELLNESS CENTRE PTY LTD ACN 121 679 392, PAUL JOHN RANA, CHRISTOPHER JAMES RANA, MICHEAL LEE RANA AND NUERA WELLNESS CLINIC PTY LTD ACN 121 388 912

VID 1301 OF 2006

RYAN J

9 MAY 2007

MELBOURNE

THE COURT DECLARES THAT:

1          The First Respondent (NuEra Health), the Second Respondent (NuEra Care Centre), the Fourth Respondent (NuEra Investments), the Fifth Respondent (NuEra Wellness Centre) and the Ninth Respondent (NuEra Wellness Clinic) have, in trade or commerce engaged in conduct:

(a)        that was misleading or deceptive or likely to mislead or deceive in contravention of section 52 of the Trade Practices Act 1974 (Cth); and

(b)        in connection with the promotion of the supply or possible supply of goods and services or in connection with the promotion of the supply or use of goods and services:

(i)         that falsely represented that goods were of a particular standard or quality in contravention of section 53(a) of the Trade Practices Act 1974 (Cth);

(ii)        that falsely represented that services were of a particular standard or quality in contravention of section 53(aa) of the Trade Practices Act 1974 (Cth);

(iii)       that falsely represented that goods and services had performance characteristics, uses or benefits that they did not have in contravention of section 53(c) of the Trade Practices Act 1974 (Cth); and

(iv)       that made a false or misleading representations concerning the need for goods and services in contravention of section 53(f) of the Trade Practices Act 1974 (Cth);

(c)        that was liable to mislead the public as to the nature, the characteristics and the suitability for their purpose of services in contravention of section 55A of the Trade Practices Act 1974 (Cth),

by making representations to the effect that the Rana System (as defined in Schedule 1 attached hereto) and/or the NuEra Products (as defined in Schedule 1 attached hereto), or one or more of them:

(d)        can cure cancer, or reverse, stop or slow its progress (the Cure Cancer Representations);

(e)        will prolong the life of a person suffering cancer (the Prolong Life Representations);

(f)         are supported by generally-accepted science (the Scientific Support Representations);

(g)        can or will, if used by a person who has cancer, cure that person’s cancer, or reverse, stop or slow its progress (the Cure Cancer Future Representations);

(h)        can or will, if used by a person who has cancer, prolong that person’s life (the Prolong Life Future Representations);

(the representations in paragraphs (g), (h) and (i) are collectively, the Rana Representations and the representations in paragraphs (j) and (k) are collectively, the Rana Future Representations)

in one, or more, of the following ways:

(i)         during at least 2005 and 2006, the Sixth Respondent (Paul Rana), on behalf of one or more of the First Respondent (NuEra Health), the Second Respondent (NuEra Care Centre) and/or the Fourth Respondent (NuEra Investments) made the Rana Representations and/or the Rana Future Representations by way of statements in:

(i)         promotional seminars presented by the Sixth Respondent to promote The Rana System and/or the sale of the NuEra Products, attended by members of the public, many of whom were suffering from cancer, or who had relatives or friends who were suffering from cancer (the Promotional Seminars);

(ii)        a brochure provided, or caused to be provided, by the Sixth Respondent (Paul Rana) to attendees at the Promotional Seminars entitled “How To Regain Hope In Your Fight Against Cancer” (the Brochure);

(iii)       testimonials presented by the Sixth Respondent (Paul Rana) to members of the public at the Promotional Seminars, (either by playing a DVD (Testimonials DVD) or in person or both) of persons who claimed to have overcome their illnesses by using The Rana System and/or the NuEra Products;

(iv)       private meetings between the Sixth Respondent (Paul Rana) and persons who had attended one or more of the Promotional Seminars (the Private Meetings);

(v)        promotional written material provided, or caused to be provided, by the Sixth Respondent (Paul Rana) to a person once they had become “a member of NuEra Health” and/or “a member of the Rana System” and/or paid their Membership Fee, including but not limited to, documents entitled The Rana System Research 2005 (10th Edition), The Rana System Instruction Manual 2005 (10th Edition), The Rana System Warnings 2005, The Rana System Mind Over Matter 2005, The Rana System: Daily System Manual (together the Rana Manuals);

(vi)       a promotional DVD (Introductory DVD) provided, or caused to be provided by the Sixth Respondent (Paul Rana) to a person once they had become a “member of NuEra Health” and/or “a member of The Rana System” and/or paid their Membership Fee;

(vii)      internet websites, controlled and maintained, or caused to be maintained, by the Sixth Respondent (Paul Rana) on behalf of one or more of the First Respondent (NuEra Health), the Second Respondent (NuEra Care Centre), and the Fourth Respondent (NuEra Investments), including:

(A)       www.nuerahealth.com.au;

(B)       www.nueracarecentre.com.au;

(C)       www.nueracarecentre.com; and

(D)       www.nuerapractitioner.com; and/or

(viii)      a promotional broadcast published on www.nuerahealth.com.au, www.nueracarecentre.com.au and www.nueracarecentre.com (the Webcast);

(j)         since about 11 September 2006, the Sixth Respondent (Paul Rana), on behalf of the Fifth Respondent (NuEra Wellness Centre) made the Rana Representations and/or the Rana Future Representations by way of statements in:

(i)         promotional seminars presented by the Sixth Respondent (Paul Rana) to promote The Rana System and/or the sale of the NuEra Products, attended by members of the public, many of whom were suffering from cancer, or who had relatives or friends who were suffering from cancer (the Promotional Seminars);

(ii)        a brochure provided, or caused to be provided, by the Sixth Respondent (Paul Rana) to attendees at the Promotional Seminars entitled “How To Regain Hope In Your Fight Against Cancer” (the Brochure);

(iii)       testimonials presented by the Sixth Respondent (Paul Rana) to members of the public at the Promotional Seminars, (either by playing a DVD (Testimonials DVD) or in person or both) of persons who claimed to have overcome their illnesses by using The Rana System and/or the NuEra Products;

(iv)       private meetings between the Sixth Respondent (Paul Rana) and persons who had attended one or more of the Promotional Seminars (the Private Meetings);

(v)        promotional written material provided, or caused to be provided, by the Sixth Respondent (Paul Rana) to a person once they had become “a member of NuEra Health” and/or “a member of the Rana System” and/or paid their Membership Fee, including but not limited to, documents entitled The Rana System Research 2005 (10th Edition), The Rana System Instruction Manual 2005 (10th Edition), The Rana System Warnings 2005, The Rana System Mind Over Matter 2005, The Rana System: Daily System Manual (together the Rana Manuals);

(vi)       a promotional DVD (Introductory DVD) provided, or caused to be provided by the Sixth Respondent (Paul Rana) to a person once they had become a “member of NuEra Health” and/or “a member of The Rana System” and/or paid their Membership Fee;

(vii)      internet websites, controlled and maintained, or caused to be maintained, by the Sixth Respondent (Paul Rana) on behalf of one or more of the First Respondent (NuEra Health), the Second Respondent (NuEra Care Centre), the Fourth Respondent (NuEra Investments) and/ or the Fifth Respondent (NuEra Wellness Centre), including:

(A)       www.nuerahealth.com.au;

(B)       www.nueracarecentre.com.au;

(C)       www.nueracarecentre.com; and

(D)       www.nuerapractitioner.com; and/or

(viii)      a promotional broadcast published on www.nuerahealth.com.au, www.nueracarecentre.com.au and www.nueracarecentre.com (the Webcast);

(k)        since about January 2007 the Sixth Respondent (Paul Rana), on behalf of the Ninth Respondent (NuEra Wellness Clinic) made the Rana Representations and/or the Rana Future Representations by way of statements in:

(i)         internet websites, controlled and maintained, or caused to be maintained, by the Sixth Respondent (Paul Rana) on behalf of one or more of the First Respondent (NuEra Health), the Second Respondent (NuEra Care Centre), and the Fourth Respondent (NuEra Investments)  and/or the Fifth Respondent (NuEra Wellness Centre) and/or the Ninth Respondent (NuEra Wellness Clinic), including:

(A)       www.nuerahealth.com.au;

(B)       www.nueracarecentre.com.au;

(C)       www.nueracarecentre.com; and

(D)       www.nuerapractitioner.com;

in circumstances where:

(l)         each of the Cure Cancer Representations was false, in that The Rana System and/or the NuEra Products do not cure cancer, or reverse, stop or slow its progress;

(m)       each of the Cancer Cure Future Representations was with respect to a future matter, and there were no reasonable grounds for making any of the Cure Cancer Future Representations at the time they were made;

(n)        each of the Prolong Life Representations was false, in that The Rana System (as defined in Schedule 1 attached hereto) and/or the NuEra Products (as defined in Schedule 1 attached hereto) do not prolong life;

(o)        each of the Prolong Life Representations was with respect to a future matter, and there were no reasonable grounds for making any of the Prolong Life Future Representations at the time they were made; and

(p)        each of Scientific Support Representations was false, in that The Rana System (as defined in Schedule 1 attached hereto) and/or the NuEra Products (as defined in Schedule 1 attached hereto) were not supported by generally-accepted science.

2          The Sixth Respondent, (Paul Rana):

(a)        made the Rana Representations:

(b)        knew that each of the Rana Representations was false;

(c)        made the Rana Future Representations;

(d)        knew that there were no reasonable grounds for making any of the Rana Future Representations;

(e)        made the Rana Representations and the Rana Future representations on behalf of one or more of the First Respondent (NuEra Health), the Second Respondent (NuEra Car Centre), the Fourth Respondent (Nu Era Investments), the Fifth Respondent (NuEra Wellness Centre) and the Ninth Respondent (NuEra Wellness Clinic);

(f)         was:

(i)         an agent or employee; and/or

(ii)        a director,

of one or more of the First Respondent (NuEra Health), the Second Respondent (NuEra Care Centre), the Fourth Respondent (NuEra Investments), the Fifth Respondent (NuEra Wellness Centre) and the Ninth Respondent (NuEra Wellness Clinic); and

(g)        was in effective control of each of the First Respondent (NuEra Health), the Second Respondent (NuEra Care Centre), the Fourth Respondent (NuEra Investments), the Fifth Respondent (NuEra Wellness Centre) and the Ninth Respondent (NuEra Wellness Clinic), and caused one or more of them to make the Rana Representations and the Rana Future Representations,

and accordingly, the Sixth Respondent (Paul Rana):

(h)        in respect of the contraventions of the Act committed by one or more of the First Respondent (NuEra Health), the Second Respondent (NuEra Care Centre), the Fourth Respondent (NuEra Investments), the Fifth Respondent (NuEra Wellness Centre) and the Ninth Respondent (NuEra Wellness Clinic):

(i)         aided, abetted, counselled or procured that company or those companies to engage in the conduct; and

(ii)        further or alternatively, was directly or indirectly knowingly concerned in, or party to, that conduct,

and the Sixth Respondent (Paul Rana) was thereby a person involved in conduct by the First Respondent (NuEra Health), the Second Respondent (NuEra Care Centre), the Fourth Respondent (NuEra Investments), the Fifth Respondent (NuEra Wellness Centre) and the Ninth Respondent (NuEra Wellness Clinic) in contravention of sections 52, 53(a), 53(aa), 53(c) and 53(f) of the Trade Practices Act 1974 (Cth) within the meaning of section 75B of the Trade Practices Act 1974 (Cth); and

(i)         engaged in conduct that was liable to mislead the public as to the nature, the characteristics and the suitability for their purpose of services in contravention of section 55 of the Trade Practices Act 1974 (Cth).

3          The Seventh Respondent (Christopher Rana):

(a)        was:

(i)         an agent or employee; and/or

(ii)        a director,

of one or more of the First Respondent (NuEra Health), the Second Respondent (NuEra Care Centre), the Fourth Respondent (NuEra Investments), the Fifth Respondent (NuEra Wellness Centre) and the Ninth Respondent (NuEra Wellness Clinic);

(b)        trained staff at the premises in Port Melbourne, Victoria, from which the NuEra Business (as defined in Schedule 1 attached hereto) was conducted;

(c)        was present, and assisted, at two or more of the Promotional Seminars at which the Rana Representations and Rana Future Representations were made; and

(d)        knew that the Sixth Respondent (Paul Rana) was making the Rana Representations and the Rana Future Representations and knew that the Rana Representations were false and that there were no reasonable grounds for making any of the Rana Future Representations,

and accordingly, in respect of the contraventions of the Act committed by the First Respondent (NuEra Health), the Second Respondent (NuEra Care Centre), the Fourth Respondent (NuEra Investments), the Fifth Respondent (NuEra Wellness Centre) and the Ninth Respondent (NuEra Wellness Clinic), the Seventh Respondent (Christopher Rana):

(e)        aided, abetted, counselled or procured that company or those companies to engage in the conduct; and

(f)         further or alternatively, was directly or indirectly knowingly concerned in, or party to, that conduct,

and the Seventh Respondent (Christopher Rana) was thereby a person involved in conduct by the First Respondent (NuEra Health), the Second Respondent (NuEra Care Centre), the Fourth Respondent (NuEra Investments), the Fifth Respondent (NuEra Wellness Centre) and the Ninth Respondent (NuEra Wellness Clinic) in contravention of sections 52, 53(a), 53(aa), 53(c) and 53(f) of the Trade Practices Act 1974 (Cth) within the meaning of section 75B of the Trade Practices Act 1974 (Cth).

4          The Eighth Respondent (Micheal Rana):

(a)        was:

(i)         an agent or employee; and/or

(ii)        a director,

of one or more of the First Respondent (NuEra Health), the Second Respondent (NuEra Care Centre), the Fourth Respondent (NuEra Investments), the Fifth Respondent (NuEra Wellness Centre) and the Ninth Respondent (NuEra Wellness Clinic);

(b)        conducted thermal imaging tests of clients of one or more of the First Respondent (NuEra Health), the Second Respondent (NuEra Care Centre), the Fourth Respondent (NuEra Investments) and the Fifth Respondent (NuEra Wellness Centre) at the premises in Port Melbourne, Victoria, from which the NuEra Business (as defined in Schedule 1 attached here) was conducted;

(c)        trained staff at the premises in Port Melbourne, Victoria, from which the NuEra Business was conducted;

(d)        video-taped Promotional Seminars conducted by the Sixth Respondent (Paul Rana); and

(e)        knew that the Sixth Respondent (Paul Rana) was making the Rana Representations and the Rana Future Representations and knew that the Rana Representations were false and that there were no reasonable grounds for making any of the Rana Future Representations,

and accordingly, in respect of the contraventions of the Act committed by the First Respondent (NuEra Health), the Second Respondent (NuEra Care Centre), the Fourth Respondent (NuEra Investments), the Fifth Respondent (NuEra Wellness Centre) and the Ninth Respondent (NuEra Wellness Clinic), the Eighth Respondent (Micheal Rana):

(f)         aided, abetted, counselled or procured that company or those companies to engage in the conduct; and

(g)        further or alternatively, was directly or indirectly knowingly concerned in, or party to, that conduct,

and the Eighth Respondent (Micheal Rana) was thereby a person involved in conduct by the First Respondent (NuEra Health), the Second Respondent (NuEra Care Centre), the Fourth Respondent (NuEra Investments), the Fifth Respondent (NuEra Wellness Centre) and the Ninth Respondent (NuEra Wellness Clinic) in contravention of section 52, 53(a), 53(aa), 53(c) and 53(f) of the Trade Practices Act 1974 (Cth) within the meaning of section 75B of the Trade Practices Act 1974 (Cth).

5          The First Respondent (NuEra Health), in trade or commerce, in connection with the supply of goods and services to the late Lesley Bramston, engaged in conduct, that was in the circumstances pleaded in paragraphs 41 to 50 of the Amended Statement of Claim, unconscionable in contravention of section 51AB (1) of the Trade Practices Act 1974 (Cth).

6          The First Respondent (NuEra Health), in trade or commerce, in connection with the supply of goods and services to Olivia Varga, engaged in conduct, that was in the circumstances pleaded in paragraphs 56 to 79 of the Amended Statement of Claim, unconscionable in contravention of section 51AB (1) of the Trade Practices Act 1974 (Cth).

7          The First Respondent (NuEra Health), in trade or commerce, in connection with the supply of goods and services to the late Yvette Otterspoor, engaged in conduct, that was in the circumstances pleaded in paragraphs 85 to 102 of the Amended Statement of Claim, unconscionable in contravention of section 51AB (1) of the Trade Practices Act 1974 (Cth).

8          The First Respondent (NuEra Health), in trade or commerce, in connection with the supply of goods and services to the late Richard Bulzomi, engaged in conduct, that was in the circumstances pleaded in paragraphs 108 to 127 of the Amended Statement of Claim, unconscionable in contravention of section 51AB (1) of the Trade Practices Act 1974 (Cth).

9          The First Respondent (NuEra Health), in trade or commerce, in connection with the supply of goods and services to the late Ronan Feeney, engaged in conduct, that was in the circumstances pleaded in paragraphs 133 to 154 of the Amended Statement of Claim, unconscionable in contravention of section 51AB (1) of the Trade Practices Act 1974 (Cth).

10        The Sixth Respondent (Paul Rana):

(a)        engaged in the conduct pleaded in paragraphs 41 to 50 of the Amended Statement of Claim in respect of the late Lesley Bramston;

(b)        engaged in the conduct pleaded in paragraphs 56 to 79 of the Amended Statement of Claim in respect of Olivia Varga;

(c)        engaged in the conduct pleaded in paragraphs 85 to 102 of the Amended Statement of Claim in respect of the late Yvette Otterspoor;

(d)        engaged in the conduct pleaded in paragraphs 108 to 127 of the Amended Statement of Claim in respect of the late Richard Bulzomi;

(e)        engaged in the conduct pleaded in paragraphs 133 to 154 of the Amended Statement of Claim in respect of the late Ronan Feeney;

(f)         was:

(i)         an agent or employee; and/or

(ii)        a director,

of the First Respondent (NuEra Health); and

(g)        was in effective control of the First Respondent (NuEra Health), and caused it to make the Rana Representations and the Rana Future Representations,

and accordingly, in respect of the unconscionable conduct in contravention of the Act committed by the First Respondent (NuEra Health) in respect of:

(h)        the late Lesley Bramston;

(i)         Olivia Varga;

(j)         the late Yvette Otterspoor;

(k)        the late Richard Bulzomi; and

(l)         the late Ronan Feeney;

the Sixth Respondent (Paul Rana):

(m)       aided, abetted, counselled or procured that company to engage in the unconscionable conduct; and

(n)        further or alternatively, was directly or indirectly knowingly concerned in, or party to, that unconscionable conduct,

and the Sixth Respondent (Paul Rana) was thereby a person involved in the unconscionable conduct by the First Respondent (NuEra Health) in contravention of sections 51AB(1) of the Trade Practices Act 1974 (Cth) within the meaning of section 75B of the Trade Practices Act 1974 (Cth).

THE COURT ORDERS THAT:

11        Each of the First Respondent (NuEra Health), the Second Respondent (NuEra Care Centre), the Fourth Respondent (NuEra Investments), the Fifth Respondent (NuEra Wellness Centre), the Sixth Respondent (Paul Rana), the Seventh Respondent (Christopher Rana), the Eighth Respondent (Micheal Rana) and the Ninth Respondent (NuEra Wellness Clinic), whether by their respective officers, employees and/or agents or otherwise howsoever, be restrained from making:

(a)        any representation to the effect that the Rana System (as defined in Schedule 1 attached hereto) and/or the NuEra Products (as defined in Schedule 1 attached hereto), or one or more of them:

(i)         can cure cancer, or reverse, stop or slow its progress;

(ii)        will prolong the life of a person suffering cancer;

(iii)       are supported by generally-accepted science;

(iv)       can or will, if used by a person who has cancer, cure that person’s cancer, or reverse, stop or slow its progress;

(v)        can or will, if used by a person who has cancer, prolong that person’s life; and/or

(vi)       any other representation to the same purport or effect as any of the representations referred to in paragraphs (i) to (v) above;

(b)        any of the representations contained in the statements and/or links referred to in Schedule 2 attached hereto; and/or

(c)        any representations to the same purport or effect as any of the representations contained in the statements and/or links referred to in Schedule 2 attached hereto.

12        Each of the Sixth Respondent (Paul Rana), the Seventh Respondent (Christopher Rana) and the Eighth Respondent (Micheal Rana) be restrained from causing any person or company to make:

(a)        any representation to the effect that the Rana System (as defined in Schedule 1 attached hereto) and/or the NuEra Products (as defined in Schedule 1 attached hereto), or one or more of them:

(i)         can cure cancer, or reverse, stop or slow its progress;

(ii)        will prolong the life of a person suffering cancer;

(iii)       are supported by generally-accepted science;

(iv)       can or will, if used by a person who has cancer, cure that person’s cancer, or reverse, stop or slow its progress;

(v)        can or will, if used by a person who has cancer, prolong that person’s life;

(vi)       any other representation to the same purport or effect as any of the representations referred to in paragraphs (i) to (v) above;

(b)        any of the representations contained in the statements and/or links referred to in Schedule 2 attached hereto; and/or

(c)        any representations to the same purport or effect as any of the representations contained in the statements and/or links referred to in Schedule 2 attached hereto.

13        Each of the First Respondent (NuEra Health), the Second Respondent (NuEra Care Centre), the Fourth Respondent (NuEra Investments), the Fifth Respondent (NuEra Wellness Centre), the Sixth Respondent (Paul Rana), the Seventh Respondent (Christopher Rana), the Eighth Respondent (Micheal Rana) and the Ninth Respondent (NuEra Wellness Clinic) shall take all necessary steps forthwith to remove from any website owned or operated or otherwise controlled by that Respondent:

(a)        material containing any representation to the effect that the Rana System (as defined in Schedule 1 attached hereto) and/or the NuEra Products (as defined in Schedule 1 attached hereto), or one or more of them:

(i)         can cure cancer, or reverse, stop or slow its progress;

(ii)        will prolong the life of a person suffering cancer;

(iii)       are supported by generally-accepted science;

(iv)       can or will, if used by a person who has cancer, cure that person’s cancer, or reverse, stop or slow its progress;

(v)        can or will, if used by a person who has cancer, prolong that person’s life; and/or

(vi)       any other representation to the same purport or effect as any of the representations referred to in paragraphs (i) to (v) above;

(b)        material containing the statements and/or links referred to in Schedule 2 attached hereto; and/or

(c)        material containing any other statements and/or links containing representations to the same purport or effect as any of the representations referred to in Schedule 2 attached hereto.

14        The First Respondent (NuEra Health), the Second Respondent (NuEra Care Centre), the Fourth Respondent (NuEra Investments), the Fifth Respondent (NuEra Wellness Centre), the Sixth Respondent (Paul Rana), the Seventh Respondent (Christopher Rana), the Eighth Respondent (Micheal Rana) and the Ninth Respondent (NuEra Wellness Clinic), at their own expense, shall cause to be published a notice in the form of Schedule 3 attached hereto within 21 days, and to remain continuously in place for 180 days, on the home page of the following websites:

(a)        www.nueracarecentre.com and www.nuearcarecentre.com.au;

(b)        www.nuerahealth.com.au and www.nuerahealth.com;

(c)        www.nuerapractitioner.com and www.nuerapractitioner.com.au;

(d)        www.rana.com.au;

(e)        www.cancerattackpack.com;

(f)         www.alternativecarefacility.com; and

(g)        any other website controlled, owned, operated or maintained by any of the Respondents, or any related or associated person or company, containing material in relation to The Rana System (as defined in Schedule 1 attached hereto) and/or the NuEra Products (as defined in Schedule 1 attached hereto), or one or more of them.

15        The First Respondent (NuEra Health), the Second Respondent (NuEra Care Centre), the Fourth Respondent (NuEra Investments), the Fifth Respondent (NuEra Wellness Centre), the Sixth Respondent (Paul Rana), the Seventh Respondent (Christopher Rana), the Eighth Respondent (Micheal Rana) and the Ninth Respondent (NuEra Wellness Clinic) provide a copy of the notice in the form of Schedule 3 attached hereto and these orders:

(a)        to any person who enters into an agreement with one or more of the Respondents, or any related or associated person or company, to receive The Rana System (as defined in Schedule 1 attached hereto) and/or the NuEra Products (as defined in Schedule 1 attached hereto), or one or more of them prior to the person entering into the agreement; or

(b)        to any person who pays any money to one or more of the Respondents, or any related or associated person or company, to receive The Rana System (as defined in Schedule 1 attached hereto) and/or the NuEra Products (as defined in Schedule 1 attached hereto), or one or more of them prior to the person paying any of the money; or

(c)        to any person provided with copies of the following documents, at the same time as, or before, the copies of any of the following documents are provided:

(i)         the Rana Manuals, as defined in paragraph 15(d) of the Amended Statement of Claim, or one or more of them, including:

(A)       The Rana System Mind Over Matter 2005;

(B)       The Rana System Research 2005 (10th Edition);

(C)       The Rana System Instruction Manual 2005 (10th Edition);

(D)       The Rana System Warnings 2005; and

(E)       The Rana System: Daily System Manual;

(ii)        the Introductory DVD, as defined in paragraph 15(f) of the Amended Statement of Claim; and / or

(iii)       any other document containing information of similar purport or effect in relation to The Rana System (as defined in Schedule 1 attached hereto) and/or the NuEra Products (as defined in Schedule 1 attached hereto), or one or more of them.

16        The First, Second, Fourth, Fifth, Sixth, Seventh, Eighth and Ninth Respondents pay the Applicant’s costs in these proceedings fixed in the amount of $150,000.00.

Endorsement under Order 37 Rule 2(3)

To:       Paul John Rana, Christopher James Rana and Micheal Lee Rana

You may be liable to imprisonment or to sequestration of property if –

(a)        Where the order requires you to do an act, you refuse or neglect to comply with the order; or

(b)        Where the order requires you to abstain from doing an act, you disobey the order.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

SCHEDULE 1

NuEra Products means:

(a)        certain goods and services, including a range of treatments and diagnostic techniques under the name of “The Rana System” for the treatment and diagnosis of various terminal or life threatening medical conditions, particularly various types of cancer;

(b)        certain goods including vitamins, foodstuffs and mechanical and electronic devices represented as being for therapeutic use;

(c)        services including information, assistance and therapies, consultations, telephone support service, counselling, workshops, live blood analysis, thermal imaging, massage, chiropractic procedures, colonic irrigation, hyperbaric treatments, infra red spa, and the administration of intravenous vitamins represented as being for a therapeutic purpose or use;

(d)        and includes:

(i)         fruit and vegetable juice diets;

(ii)        devices called parasite/energy zappers;

(iii)       coffee enemas;

(iv)       infusions;

(v)        diets described as eating according to blood type;

(vi)       Vitamin C (Ascorbic Acid);

(vii)      Vitamin B17 (Laetrile);

(viii)      DMSO (Dimethyl Sulfoxide);

(ix)       the use of hyperbaric chambers;

(x)        colonic irrigation;

(xi)       ozone therapy;

(xii)      magnetic and far infrared therapy;

(xiii)      radio frequency therapy;

(xiv)     cesium/caesium;

(xv)      a treatment described as protocel/entelev/cancel;

(xvi)     devices called Zen-Chi Massagers;

(xvii)     devices called Sota Magnetic Pulsers;

(xviii)    thermal imaging;

(xix)     blood tests by “live blood analysis”;

(xx)      devices called Magnetic Pulsers;

(xxi)     water purifiers;

(xxii)     Gear juicer;

(xxiii)    Concentrated colostrum;

(xxiv)    Himalayan Goji juice;

(xxv)    Colloidal minerals;

(xxvi)    Phyto Nutrient Superfood Vital Greens;

(xxvii)   Maca Gold Dietary Supplement;

(xxviii)  Kenzen Ciaga juice;

(xxix)    Udo’s Choice Ultimate Oil Blend;

(xxx)    Zambroza with mangosteen;

(xxxi)    Fijian Noni juice;

(xxxii)   NuEra multi link tonic; and

(xxxiii)  Pureharvest organic oat milk.

The Rana System means the program which promotes, offers to supply and supplies the NuEra Products under the name “The Rana System”.

The NuEra Business means the business of promoting, offering to supply and supplying the NuEra Products and/or The Rana System.

SCHEDULE 2

1          websites www.nueracarecentre.com and www.nuearcarecentre.com.au

(a)        On the Homepage: (http://www.nueracarecentre.com/; http://www.nueracarecentre.com.au)

(i)         Bridging The Gap Between Ancient Wisdom & 21st Century Health Care

Welcome to our website, my name is Paul Rana, CEO of NuEra.

I am not a doctor or a Naturopath, but today NuEra has brought them together.  Like many people I thought it was sad that these two modalities have independent belief systems. 

Around the world both modalities experience great things independently.  Then I [Paul Rana] found all these books that claim cures, reversals or benefits for people who are most in need.  These people don’t want the politics, they just want and need a helping hand with what they have found and want to try.  So founding the RANA System, a product available through NuEra was in part the achievement of this goal.

I believe what’s written in these books, and the many others I have read.

Cancer Why We’re Still Dying to Know the Truth by Phillip Day

World Without Cancer, The Story Of B17 by G. Edward Griffin

How to fight Cancer & Win by William L Fischer

A Cancer Therapy by Dr Max Gerson M.D.

The list is so long, but you get it, the answers are out there…

(b)        Page headed NuEra Wellness Mission Statement: (http://www.nueracarecentre.com/mission.htm; http://www.nueracarecentre.com.au/mission.htm)

(i)         “On the occasions when someone is critically sick, we will offer a team approach that can be delivered with trust, care, determination and faith, backed up with common sense and research.”

(ii)        “We will build on our strengths and knowledge and one day build the NuEra Re-Treat Hospital/Care Facility that will complete the goals of the founder Paul Rana.  It will one day evolve into the Holistic School of New-Medicine.”

(c)        Page headed The founder and NuEra: (http://www.nueracarecentre.com/about.htm; http://www.nueracarecentre.com.au/about.htm)

(i)         “NuEra is a total wellness concept derived by Paul Rana, with results that speak for themselves. 

The RANA System is a step-by-step health promoting program that we hope will lead you to ‘making changes for life’.

That’s because Paul Rana, in creating the RANA System has done the hard work by researching for you…”.

(ii)        “Paul has dedicatedly researched what others claim as a cure/prevention, found some promising results, then placed them into a system that makes it easier for clients and their families to understand and to follow.  The RANA System motto says it all: Bridging The Gap Between Ancient Wisdom & 21st Century Health Care”.

(d)        Page headed Our Dedicated Staff:

(http://www.nueracarecentre.com.au/team.htm; http://www.nueracarecentre.com/team.htm)

(i)         “Paul is the founder of NuEra and has driven the research and documentation effort behind the NuEra business and franchise model.  His business experience and research has given him the motivation to bring together Medical Doctors, Practitioners and Naturopathic practices under one roof with other complimentary services.”

(ii)        “Paul’s ability to research the research and offer it to the NuEra team for consideration will not only assist head office…”

(e)        Page headed NuEra Services: (http://www.nueracarecentre.com/services.htm; http://www.nueracarecentre.com.au/services.htm)

(i)         Under IV Vitamins and Minerals: (http://www.nueracarecentre.com/iv_vitamins.htm; http://www.nueracarecentre.com.au/iv_vitamins.htm)

(A)       “Intravenous Vitamins are becoming a preferred treatment in many clinics.  There is so much information on this subject, including the many benefits.”

(B)       “Below find some links to the other clinics for your research.”

“Links below are provided for your research ….

….

The Vitamin C Story [hyperlink to http://www.positivehealth.com/permit/articles/nutrition/vitcfore.htm

Vitamin C and Cancer [hyperlink to http://www.lightandlife.com/new/healing_fields/vitamin_c.htm

…..

Mexico Oasis Clinic [hyperlink to http://www.oasisofhope.com/tt_laetrile.html]

……

The Story of B17.” [hyperlink to http:/www.laetrile.com.au]

(ii)        Under Colonic Hydrotherapy: (http://www.nueracarecentre.com/services_colonics.htm; http://www.nueracarecentre.com.au/services_colonics.htm)

“Colon cancer is fast becoming one of the more prevalent cancers … By colon cleansing you will eliminate unwanted waste and have an uplifting experience of cleanliness.”

(iii)       Under more information on Colonics: (http://www.nueracarecentre.com/colonic.htm; http://www.nueracarecentre.com.au/colonic.htm)

(A)       “With some patience and discipline – including the help of an experienced Colon Hydrotherapist – you have an opportunity to overcome serious health problems and start living a strong, healthy, disease free life.”

(B)       “A healthy colon is vital to living a life free of degenerative disease!  If optimum health is your goal … Colon Hydrotherapy could be most beneficial to you …”

(iv)       Under Thermal Imaging DITI: (http://www.nueracarecentre.com/services_thermals.htm; http://www.nueracarecentre.com.au/services_thermals.htm)

(A)       “Digital Infrared Thermal Imaging screening is available and offers some of the worlds best early detection and monitoring of problems in the body. Every man and woman should include a body thermography as part of their regular health care.  One in a hundred breast cancers are men.  A Thermal Image can view the whole body and can show potential problems before symptoms are felt.  Women especially with the incidence of breast cancer on the rise, and mortality rates basically unchanged, we must do everything we can to provide better screening in an effort to prevent women from having to deal with this terrible disease.”

(B)       “No other screening procedure offers what breast thermography can provide: the earliest known detection, individualized risk assessment, under the age of 40 screening, and perhaps a significant role in breast cancer prevention.”

(v)        Under Live Blood Viewing: (http://www.nueracarecentre.com/services_liveblood.htm; http://www.nueracarecentre.com.au/services_liveblood.htm)

“Real time microscopic blood viewing detecting free radical damage, parasites and fungus.”

(vi)       Under the link the RANA System: (http://www.nueracarecentre.com/services_ranasys.htm; http://www.nuercarecentre.com.au/services_ranasys.htm)

(A)       When printed this page contains the header “The RANA System, support people needs with alternatives that have Cancer, Mobility…”

(B)       “The RANA System is a balanced health promoting self care system and complemented with workshops. 

(C)       “These workshops are a unique service.  We have taken health educational workshops to a new level.”

(vii)      Under Some More Information on The RANA System: (http://www.nueracarecentre.com/ranasys.htm; http://www.nueracarecentre.com.au/ranasys.htm)

(A)       “The RANA System is a set of books, a weekend workshop and a program designed for you as an individual.”

(B)       “Reviewed annually, The RANA System is dividing into manuals that are designed for specific health challenges.  An educational tool that I hope saves you time with your research.  The System is backed up by franchised centres in some areas.”

(C)       “The Research Folder

This folder outlines research into different programs that we think are worth considering.  Everything from Nutrition to “Eat to Your Blood Type” is covered.

The over 200 pages gives you the why we use these therapies.”

(viii)      Page headed Why Others have Chosen NuEra: (http://www.nueracarecentre.com/whynuera.htm; http://www.nueracarecentre.com.au/whynuera.htm)

(A)       “People choose NuEra because we have left no stone unturned in developing a system that is, on any given day, complete, yet always capable of being further expanded and improved. 

Never resting on our laurels, we have combined many practitioners and alternative/complementary services all under one roof.  We continue to research new products and services…”

(ix)       Page headed Links to other sites of interest: (http://www.nueracarecentre.com/links.htm; http:/www.nueracarecentre.com.au/links.htm)

(A)       “....

The Vitamin C Story [hyperlink to http://www.positivehealth.com/permit/articles/nutrition/vitcfore.htm

Vitamin C and Cancer [hyperlink to http://www.lightandlife.com/new/healing_fields/vitamin_c.htm

…..

Mexico Oasis Clinic [hyperlink to http://www.oasisofhope.com/tt_laetrile.html]

……

The Story of B17.” [hyperlink to http:/www.laetrile.com.au]

(f)         Page headed Contact Us: (http://www.nueracarecentre.com/contact.htm; http://www.nueracarecentre.com.au/contact.htm)

(i)         Under Franchise: (http://www.nueracarecentre.com/franchise.htm; http://www.nueracarecentre.com.au/franchise.htm)

(A)       “The Emerging Markets

… We have created a means of delivering information on wellness and solutions which are backed by research and a wholistic approach to wellness.  We are bringing practitioners of many modalities together with medical doctors and having them work as a team synergistically to support our clients and Franchised Centres.”

(B)       “we bridge the gap between ancient wisdom and twenty first century health care.”

2          websites www.nuerahealth.com.au and www.nuerahealth.com

(a)        Under Homepage: (http://www.nuerahealth.com/; http://www.nuerahealth.com.au/)

(i)         “Bridging The Gap Between Ancient Wisdom & 21st Century Health Care…

A few of many books I have read and would recommend…

Cancer Why We’re Still Dying to Know the Truth by Phillip Day

World  Without Cancer, The Story Of B17 by G. Edward Griffin

How to fight Cancer & Win by William L Fischer

A Cancer Therapy by Dr Max Gerson M.D.

The list is so long, but you get it, the answers are out there…”

(ii)        “On the occasions when someone is critically sick, we will offer a solution that can be delivered with trust, care, determination and faith, backed up with common sense and research.”

(iii)       “We will build on our strengths and knowledge and one day build the NuEra Re-Treat Hospital/Care Facility that will complete the goals of the founder Paul Rana and one day it will evolve into the Holistic School of New-Medicine.”

3          website www.nuerapractitioner.com and www.nuerapractitioner.com.au:

(a)        Page headed NuEra Wellness Mission: (http://www.nuerapractitioner.com/mission.htm; http://www.nuerapractitioner.com.au/mission.htm)

(i)         “On the occasions when someone is critically sick, we will offer a team approach that can be delivered with trust, care, determination and faith, backed up with common sense and research.” 

(ii)        “Through educational books and lectures, our team promise to do the very best we can to provide you with information on health that is generally not well known…”.

(b)        Page headed Some of the services you will offer: (http://www.nuerapractitioner.com/services.htm; http://www.nuerapractitioner.com.au/services.htm)

(i)         “Colonic Hydrotherapy”

“Colon cancer is fast becoming one of the more prevalent cancers … By colon cleansing you will eliminate unwanted waste and have an uplifting experience of cleanliness.”

(ii)        Under more information on Colonics: (http://www.nuerapractitioner.com/colonic.htm; http://www.nuerapractitioner.com.au/colonic.htm)

(A)       “With some patience and discipline – including the help of an experienced Colon Hydrotherapist – you have an opportunity to overcome serious health problems and start living a strong, healthy, disease free life.”

(B)       “A healthy colon is vital to living a life free of degenerative disease!  If optimum health is your goal … Colon Hydrotherapy could be most beneficial to you …”

(iii)       “Thermography Scans

Digital Infrared Thermal Imaging screening is available and offers some of the worlds best early detection and monitoring of problems in the body.  Every man and woman should include a body thermography as part of their regular health care.

….

No other screening procedure offers what breast thermography can provide: the earliest known detection, individualized risk assessment, under the age of 40 screening, and perhaps a significant role in breast cancer prevention.”

(iv)       “Live Blood Viewing

“Real time microscopic blood viewing detecting free radical damage, parasites and fungus.”

(v)        “The RANA System

Is a balanced health care system and is complemented with workshops.

Offering workshops is a unique service.  We will be and have taken health promoting workshops to a new level.”

(c)        Page headed The Emerging Markets: (http://www.nuerapractitioner.com/markets.htm; http://www.nuerapractitioner.com.au/markets.htm)

(i)         “We have created a means of delivering information on wellness and solutions which are backed by research and a wholistic approach to wellness. 

We are bringing practitioners of many modalities together with medical doctors and having them work as a team synergistically to support our clients and Franchised Centres.”

(ii)        “we bridge the gap between ancient wisdom and twenty first century health care.”

(iii)       “Our key market is in two fold.  The teaching of how to manage serious and degenerative diseases.  Intensive programs that maximise the using of therapies that are out there but traditionally not generally well known or available under one roof.”

(d)        Page headed The founder and NuEra: (http://www.nuerapractitioner.com/founder.htm; http://www.nuerapractitioner.com.au/founder.htm)

(i)         “NuEra is a total wellness concept devised by Paul Rana, with results that speak for themselves.

The RANA System is a step-by-step health promoting program…

…..

so popular has The RANA System become, NuEra has been formed to oversee the proliferation of this philosophy throughout all of Australia by the establishment of a network of Franchised NuEra Centres operated by trained RANA Practitioners.”

(ii)        “Paul has dedicatedly researched what others claim as a cure/prevention, found some promising results, then placed them into a system that makes it easier for clients and their families to understand and follow.  The RANA System motto says it all:

“Bridging The Gap Between Ancient Wisdom & 21st Century Health Care.”

4          website www.rana.com.au

(a)        Page containing ‘Click Here to Enter” (http://www.rana.com.au/).  When printed this page contains the header:

“NuEra- A system to fight cancer combining Alternative Therapies for Better health using the [Rana System].”

(b)        Page headed Welcome to The RANA System Home Page: (http://www.rana.com.au/home.htm)

“I have created a comprehensive wellbeing program outlining many therapies.  This is an educational tool that is the result of my years of researching the research in areas of Cancer….”

(c)        Page headed Our Mission Statement: (http://www.rana.com.au/mission.htm)

(i)         “Through educational books and lectures, our team promise to do the very best we can to provide you with information on health that is generally not well know.”

(ii)        “On the occasions when someone is critically sick, we will offer a team approach that can be delivered with trust, care, determination and faith, backed up with common sense and research.”

(iii)       “We will build on our strengths and knowledge and one day build the NuEra re-Treat Hospital/Care Facility that will complete the goals of the founder Paul Rana.  It will one day evolve into the Holistic School of New-Medicine.”

(d)        Page headed Our Vision: (http://www.rana.com.au/vision.htm)

“NuEra will teach dedicated teams of Practitioners, which will help those in need … To arm these special, highly dedicated people with tools such as Thermal Imaging, Live Blood Viewing, Hyperbaric Oxygen Therapy and the accumulated knowledge of many years ‘hands on experience’ by me, Paul Rana, in The RANA System.”

(e)        Page headed The Rana System: (http://www.rana.com.au/theranasystem.htm)

(i)         “The RANA System is a set of books, a weekend workshop and a program designed for you as an individual.

Reviewed annually, The RANA System is dividing into manuals that are designed for specific health challenges.  An educational tool that I hope saves you time with your research.  The System is backed up by franchised centres in some areas.”

(ii)        “The Research Folder

This folder outlines research into different programs that we think are worth considering.  Everything from Nutrition to “Eat Your Blood Type” is covered.

The over 200 pages gives you the why we use these therapies.”

5          Website www.cancerattackpack.com

(a)        Page headed “Welcome … click here to enter”.  When printed this page contains the header “Cancer Attack Pack- A system to fight cancer combining Alternative Therapies for better health”. 

(b)        On the Homepage: (http://www.cancerattackpack.com/2004cap.mainv.htm)

(i)         “Bridging The Gap Between Ancient Wisdom & 21st Century Health Care

….a summary of my research into complementary and alternate programs that you may want to learn about

….

A few of many books I have read and would recommend…

Cancer Why We’re Still Dying to Know the Truth by Phillip Day

World  Without Cancer, The Story Of B17 by G. Edward Griffin

How to fight Cancer & Win by William L Fischer

A Cancer Therapy by Dr Max Gerson M.D.

(ii)        “We will build on our strengths and knowledge and one day build the NuEra re-Treat Hospital/Care Facility that will complete the goals of the founder Paul Rana.  It will one day evolve into the Holistic School of New-Medicine.”

6          website www.alternativecarefacility.com 

(a)        On the Homepage: (http://www.alternativecarefacility.com/)

(i)         “Bridging The Gap Between Ancient Wisdom & 21st Century Health Care

….a summary of my research into complementary and alternate programs that you may want to learn about

….

A few of many books I have read and would recommend…

Cancer Why We’re Still Dying to Know the Truth by Phillip Day

World Without Cancer, The Story Of B17 by G. Edward Griffin

How to fight Cancer & Win by William L Fischer

A Cancer Therapy by Dr Max Gerson M.D.

(ii)        “We will build on our strengths and knowledge and one day build the NuEra re-Treat Hospital/Care Facility that will complete the goals of the founder Paul Rana.  It will one day evolve into the Holistic School of New-Medicine.”

SCHEDULE 3

“THE RANA SYSTEM” CANCER TREATMENT DECLARED NOT TO CURE OR REVERSE CANCER AS CLAIMED BY PAUL RANA

On 9 May 2007 the Federal Court of Australia declared that cure cancer claims promoted by several NuEra Companies* under The RANA System were in breach of the Trade Practices Act 1974 (the TPA) and that Paul John Rana and his sons, Christopher James Rana and Micheal Lee Rana were personally involved in certain of the breaches by the NuEra Companies*. 

The Court declared that the NuEra companies largely through the agency of Paul Rana, and with the assistance of his sons, engaged in misleading or deceptive conduct and made false or misleading representations in breach of the TPA by representing to persons suffering terminal illnesses (including cancer) and to their families that The RANA System:

(a)        could cure cancer, or reverse, stop or slow its progress or would prolong the life of a person suffering cancer, when this was not the case; and

(b)        was based on generally accepted science, when this was not correct. 

The Court also declared that by making these representations, Paul Rana had misled the public regarding the nature, the characteristics and the suitability for their purpose of the products and services offered under The RANA System.

The RANA System was described as “an alternative approach to cancer care which offers HOPE to cancer sufferers”.  The RANA System was provided through programs costing up to $35,000.  The RANA System offered a variety of products and services including, vitamin and mineral supplements, laetrile (also known as vitamin B 17), Cesium or high PH therapy, devices called parasite/energy zappers, Zen Chi Massages Magnetic Pulsers, coffee enemas, ozone therapy, diets described as eating according to blood type, live blood analysis and thermal imaging. 

The Court further declared that NuEra Health Pty Ltd (In Liquidation) and Paul Rana had engaged in unconscionable conduct** towards highly vulnerable and disadvantaged consumers when “signing them up” to pay for treatment under The RANA System. 

The NuEra companies, Paul Rana, Christopher Rana and Micheal Rana have been restrained by the Court from engaging in any of the offending conduct.  The NuEra Companies* and Paul Rana were also ordered to pay the ACCC’s costs of the proceedings. 

A full copy of the reasons for judgment and the Court orders are found at http://www.austlii.edu.au/au/cases/cth/federal_ct/recent-cases.html.

*NuEra Health Pty Ltd (In Liquidation), NuEra Care Centre Pty Ltd (in Liquidation), NuEra Investments Pty Ltd, NuEra Wellness Centre Pty Ltd and NuEra Wellness Clinic Pty Ltd. 

**The judicial meaning of unconscionable conduct has not been settled but the courts in considering the issue have described unconscionable conduct as something being clearly unfair and unreasonable, conduct which shows no regard for conscience and conduct which is irreconcilable with what is right or reasonable.

REASONS FOR JUDGMENT

1                     There is before the Court a notice of motion seeking the following orders;

(1)        That there be leave to proceed against the second respondent pursuant to s 500(2) of the Corporations Act 2001 (Cth);

(2)        That pursuant to Order 35 rule 3(2) of the Rules of this Court, there be judgment against the first, second, fourth, fifth, sixth, seventh, eighth and ninth respondents in terms of the draft orders attached to the notice of motion and that there be such further or other orders as the Court deems appropriate;

(3)        That there be an award of costs expressed as a gross sum.

2                     I am satisfied, in the circumstances, and in the light of the authorities to which Mr Scerri QC has referred in his helpful written outline of submissions, that there is power to grant, by default, each head of the relief sought by the applicant, including declaratory orders and mandatory and restraining injunctions.

3                     The declaratory orders which the applicant seeks are that various representations which have been described in the applicant’s statement of claim as the “cure cancer representations”, the “prolong life representations”, the “scientific representations”, the “cure cancer future representations”, the “prolong life future representations”, the “Rana representations”, and the “Rana future representations”, contravened various provisions of the Trade Practices Act 1974 (Cth), and that the individual respondents, Paul Rana, Christopher Rana, and Micheal Rana, aided and abetted one or more of the relevant corporate respondents to engage in conduct in contravention of the specified provisions of the Trade Practices Act.

4                     As well as that declaratory relief, the applicant, the Australian Competition and Consumer Commission, seeks orders restraining the respondents from making or continuing to make representations to the effect of any of the impugned representations, and requiring the publication of a notice, in the form of Schedule 3 to the proposed order, on various web sites which have been maintained by one of other of the respondents. 

5                     In addition, an order is sought that the respondents provide a copy of the notice in the form of Schedule 3 to any person who enters into an agreement with one or more of the respondents to receive the Rana system, as defined in Schedule 1 of the order, or the Nuera products, to any person who pays money to one or more of the respondents, and to any person provided with copies of the respondents’ promotional material embodying the Rana system.

6                     I am conscious that the respondents have not adduced any evidence in response to the voluminous and apparently compelling affidavits on which the applicant relies.  I have had regard to those affidavits, as I indicated in the course of discussion with Mr Scerri, by way of informing the exercise of the Court’s discretion whether or not to grant declaratory and injunctive relief by default.  It is to be borne in mind that the respondents did cause an appearance to be entered on their behalf by a firm of solicitors.  Had they chosen, they could, therefore, have put on material to contradict or to palliate the case presented by the applicant. That case, I consider, uniformly exemplifies conduct of the most reprehensible kind. 

7                     I consider that I am compelled in the circumstances to observe that the unanswered case for the applicant reveals a consistently cynical and heartless exploitation of cancer victims and their relatives when they were at their most vulnerable.  This conduct was not like that which is sometimes encountered in this context of a well-meaning but misguided administration of a single cure or treatment which the promoter genuinely believes, in the face of a body of opposing scientific opinion, to offer a prospect of arresting or delaying the progression of the disease.  In this case, the evidence reveals that Mr Paul Rana, who has been the controlling mind and will of the corporate respondents, has personally taken the leading role in promoting and administering the so called “treatments” and extorting from the patients, or their relatives, substantial upfront fees amounting to as much as $25,000 to $35,000.

8                     By contrast with the naïve or credulous proponent of a single cure or treatment to whom I referred a moment ago, Paul Rana has indiscriminately thrown together, under the aegis of the Rana System, a package of discredited or entirely unproven theories, procedures and nostrums which he has gleaned from populist literature and a range of other sources of widely varying scientific or medical credibility.  He has then cynically made, to various victims of the respondents, one or more of the various representations which have been described in the statement of claim and collected in the categories of the “cure cancer representations”, the “cancer cure future representations”, the “prolong life representations”, and the “scientific support representations”.

9                     He has done that knowing that the relevant representations were untrue or, insofar as they went to future matters, without having any reasonable grounds for making them.  I readily infer from the uncontested affidavit evidence that Paul Rana knew that each of the representations in those categories was unsupported by generally accepted science.  I am also satisfied, by the uncontested evidence directed to each of them, that the seventh respondent, Christopher Rana, and the eight respondent, Micheal Rana, who are the sons of Paul Rana, were, as far as they have been alleged to have been implicated in the conduct of Paul Rana and the corporate respondents, aware of the falsity of the representations in the relevant categories which they were involved in making, or that they knew, insofar as they went to future matters, that there were no reasonable grounds for making them.

10                  I am further satisfied, that the conduct alleged against the corporate respondents, and against Paul Rana, Christopher Rana, and Micheal Rana, which allegations are all uncontested, was conduct which was unconscionable in the full sense in which that word is used in s 51AB(1) of the Trade Practices Act.  Indeed, it is difficult in many respects to envisage conduct which is more deserving of that description.  For these necessarily brief and incomplete reasons, I am persuaded to make the orders in the terms set out in the applicant’s notice of motion.  I also consider that this is an appropriate case to order that the respondents, jointly and severally, pay the applicant’s costs fixed in a global sum.  I have been persuaded on the material presented by the applicant to fix those costs in the sum of $150,000. 

11                  Accordingly, there will be an order in the form proposed by the applicant with the amendments which I have earlier indicated should be made to Schedule 3 annexed to that proposed order.

Associate:

Dated:         10 May 2007