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A Sydney fitness model has come out on top in a battle against an elite dating agency which she claims set her up with an 'unsuitable man' after she forked out 00.
Zoë Daly handed over the hefty sum late last year, after meeting with Elite Introductions founder, Trudy Gilbert, who promised she would meet 'amazing men'.
But after what she deemed a nightmare first date, which involved her 'very negative' potential suitor 'speaking about himself the whole time,' Ms Daly requested a refund.
Originally hoping to meet a 'like-minded, ambitious, successful, professional' man, she was disappointed when her date showed no interest in her, was 'not passionate about his job', was 'ashamed' of his family, and made offensive comments about her car.
The self proclaimed lifestyle coach and online trainer made multiple claims against the agency and its founder, including misleading and deceptive conduct under the Australian Consumer Law on the basis the agency did not present her with 'amazing men'.
She also said Ms Gilbert engaged in 'unconscionable conduct' or 'placed her under undue influence or pressure to sign up'.
Ms Gilbert did not give evidence in person at the hearing, but said her former client had 'unreasonably formed the view that not even a year of introductions with the agency could lead to a better outcome.'Senior Tribunal Member Scott Anthony Mc Donald said Ms Daly's evidence would be accepted under the grounds she was the target of 'misleading and deceptive statements and pressure sales techniques.'He added it was unfortunate the company didn't offer a cooling off period, which was the requirement for similar consumer contracts.
Ms Gilbert was ordered to give a refund of 00 - 80 per cent of Ms Daly's membership fee.
According to Ms Gilbert, the ambitious trainer 'joined willingly', telling Fairfax Media she 'had one date and a huge amount of compatibility with this man.'She argued the 'attractive, high-earning, well-educated man' had received positive feedback from other clients, and she had matched the pair because of their shared 'love of skiing' and 'clear vision of their goals'.