Lothar Klein v General Motors Acceptance Corporation, Australia [1985] FCA 383

CATCHWORDS Trade Practices - misleading or deceptive conduct - false or

misleading statement - whether applicant's loss in fact caused by

conduct complained of - Trade Practices Act, 1974 - ss.52, 53, 82

- Hire Purchase - hirer in arrears - voluntary surrender of vehicle - sale of vehicle by finance company - attempted

redemption by hirer - alleged breaches by finance company of Hire

Purchase Act, 1960.

Hire Purchase Act, 1960 (N.S.W.) ss.13,14,15,16.

LOTHAR KLEIN v GENERAL MOTORS ACCEPTANCE CORPORATION, AUSTRALIA

N.S5.W. G369 OF 1983

aQ So Es) =

Bowen C.d.

6 August 1985

ia Sydney.

IN THE FEDERAL COURT OF AUSTRALIA SYDNEY DISTRICT REGISTRY

wee vw ba} oO m had ax] 'oS mI a) — ov ma la

GENERAL DIVISION

LOTHAR KLEIN Applicant

GENERAL MOTORS ACCEPTANCE CORPORATION, AUSTRALIA

Respondent

CORAM: Bowen C.J.

6 August 1985

REASONS FOR JUDGMENT

On 13 November 1979 Lothar Klein ("Mr. Klein") entered

into an agreement with General Motors Acceptance Corporation Australia ("G.M.A.C.") pursuant to the provisions of the Hire Purchase Act 1960 (N.S.W.) to purchase a 1976 Mazda Station Wagon. The agreement provided for the payment of $190.16 per month by Mr. Klein to G.M.A.C. Monthly payments were made until

Mr. Klein was retrenched and became unemployed in about April

—~ , 1972.

In July 1972, when two instalments were overdue, certain communications took place between Mr. Klein and G.M.A.C. I shall deal with these in detail later. On 21 July 1982 Mr. Klein signed and handed over to Mr. Staples, a representative of G.M.A.C. a document described by its heading as "Voluntary

Surrender" and Mr. Klein then drove his vehicle to Ron Hodgson

Motors, Hume Highway, Cabramatta, motor dealers, and handed it over to them. Mr. Staples then secured five quotations from different dealers including Ron Hodgson Motors. The vehicle was sold to Ron Hodgson Motors for $1700 and Ron Hodgson motors paid