I also feel that eBay facilitated the EBS debâcle. Several of you have mentioned very valid points about businesses allowing suppliers to continue trading - but I think the application of it to EBS is only partially justified. Unless eBay were willing to step into the gap and take the full fall of EBS's failure to supply to the consumers who had already fully paid EBS, I find myself asking what right eBay had to put those consumers into the position of fall guy. By giving EBS that leeway, knowing the HUGE debt EBS owed eBay, eBay acted poorly.
Hi Countess....my enquiries with ASIC at the time, confirmed that it is in fact illegal to trade whilst apparently insolvent......So, if Ebay did in fact allow EBS the opportunity to trade with suspicions of insolvency, then it's not entirely responsible is it? But they'd know, as I now know that as a third party, they can't be implicated or held responsible in this type of scenario because the Corporations Act just doesn't cover third party facilitation of insolvent trading.... (which is not to say they shouldn't be made accountable) After all, EBS owed them $185,000 as well, and obviously they wanted their money back...too bad if consumers were placed at risk and ripped off whilst they had a bet each way and let EBS trade on.
I think ASIC will have had a very good look into this issue, given that it seems to have been a very sophisticated sting operation, set up to look bonafide, and yet, with devious intentions, and fully facilitated by Ebay in its reach and impact on a Nation Wide pool of victims...how else could EBS have defrauded so many without having access to such a platform? Of course Ebay is complicit but our laws are inadequate at this stage and as I said, Ebay know that. The DPP , can only really go after the Directors of the Company, not the venue that turned a blind eye.
When you consider this scenario, and the fact that Feiler runs around saying that Ebay is a 'Good Corporate Citizen'? well, what can you say...lol