Endormer Pty Limited v Australian Guarantee Corporation Limited [2001] FCA 1208

FEDERAL COURT OF AUSTRALIA

Endormer Pty Limited v Australian Guarantee Corporation Limited [2001] FCA 1208 TRADE PRACTICES - Misleading and deceptive conduct - alleged by motor vehicle dealer in liquidation against financier in relation to financier's administration of motor vehicle bailment floor plan – proceedings for damages brought by such motor vehicle dealer at the instance of its directors purportedly in office – loss and damage leading to such winding up insolvency claimed to have been caused by such alleged misleading and deceptive conduct and negligence of the financier – equitable charge held by financier over motor vehicle dealer's assets sought to be set aside by reason of lodgment with ASC out of time – additional claim for damages made by wound-up motor vehicle dealer against receiver appointed by financier by reason of receiver's disposition of motor vehicle dealer's assets at alleged inadequate sale price – equitable charge guaranteed by directors and their wives – same measure of damages claimed by directors and wives from financier arising out of financier's conduct complained of – whether mortgage over home of one director invalid by reason of alteration made thereto by financier after execution -–whether grounds of appeal reviewable.

Corporations Law ss 263, 266 and 420A Trade Practices Act 1974(Cth) ss 52 and 53 Contracts Review Act 1980 (NSW) Farrow Mortgage Services Pty Ltd (in Liquidation) v Slade and Nelson (1996) 38 NSWLR 636 referred to Horn v York Paper Pty Ltd (No 2) (1991) 23 NSWLR 622 applied Independent Automatic Sales Ltd v Knowles & Foster [1962] 1 WLR 974 applied Italiano v Barbaro (1993) 40 FCR 303 applied Kent v La Communaute des Soeurs de Charite de la Providence [1902] AC 220 (PC) applied Mitchelson v Mitchelson (1979) 24 ALR 522 referred to State Rail Authority of New South Wales v Earthline Construction Pty Ltd (In LiquidtionLiquidation) (1999) 73 ALJR 306 referred to Walsh v Law Society of New South Wales (1999) 198 CLR 73 applied