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The High Court has declined to hear an appeal of a ruling that found the directors of payday lenders Cigno and BSF are liable for the companies' unlicensed credit activity.
The directors of payday lenders Cigno and BSF have filed for special leave to appeal a decision that found them liable for unlicensed credit activity, saying the case raises fundamental questions about the scope of accessorial liability.
Payday lenders BSF Solutions and Cigno have lost an appeal in action by ASIC alleging they engaged in unlicensed credit activity and charged prohibited fees, in the case's second run up to the Full Federal Court.
ASIC has attacked an appeal argument by payday lenders BSF Solutions and Cigno that athough they offered short-term loans, the fees they charged had no link to the credit services.
Payday lenders Cigno and BSF Solutions have appealed a decision that found they provided credit without a licence, and rejected the claim that their loan model is analogous to buy now, pay later arrangements that don’t require a licence.
The Australian Securities and Investments Commission has prevailed in its case against payday lenders Cigno and BSF Solutions alleging they provided credit without a licence, with a judge rejecting their argument that their loan model was analogous to buy now, pay later arrangements that don’t require a credit licence.
ASIC has won orders declaring that Gold Coast-based BHF Solutions and Cigno needed a credit licence to issue loans to hundreds of thousands of customers, after the High Court tossed a challenge by the payday lenders.
The High Court won't hear an appeal by payday loan providers Cigna and BHF seeking to challenge a Full Court judgment that found they can't dodge the obligations contained in the National Credit Code through their lending model.
Payday lenders BHF Solutions and Cigno are fighting ASIC's bid for an injunction barring them from breaching consumer credit laws, with BHF claiming it should not be exposed to contempt.
The corporate regulator will challenge a bid by payday lenders Cigno and BHF to stay its case pending their appeal to the High Court.