Technology Leasing Ltd v Lennmar Pty Ltd [2012] FCA 709

FEDERAL COURT OF AUSTRALIA

Technology Leasing Ltd v Lennmar Pty Ltd [2012] FCA 709 Citation: Technology Leasing Ltd v Lennmar Pty Ltd [2012] FCA 709

Parties: TECHNOLOGY LEASING LTD ACN 071 702 264 v LENNMAR PTY LTD ACN 116 493 773, GLENN JAMES PARTON and THOMAS DAVID FORD

File number: NSD 1401 of 2010

Judge: COWDROY J

Date of judgment: 6 July 2012

Catchwords: CONTRACT – telecommunications company offering telecommunications services – associated equipment leasing agreement – telecommunications company becomes insolvent – whether leasing contract frustrated CONSUMER LAW – whether telecommunications made misleading and deceptive statements – whether leasing company – whether leasing company aided and abetted contravention by telecommunications company and contravened s 75B Trade Practices Act 1974 –whether leasing company was linked credit provider – whether s 73(1) Trade Practices Act 1974 renders leasing company liable for conduct of telecommunications company – whether leasing company engaged in unconscionable conduct contravening s 12CA Australian Securities and Investment Commission Act AGENCY – implied agency – ostensible agency – whether leasing company was agent of telecommunications company in respect of the breaches of Trade Practices Act by telecommunications company TRADE PRACTICES – exclusive dealing – whether telecommunications company engaged in third line forcing – whether leasing company engaged in third line forcing – whether leasing company aided and abetted telecommunication company's third line forcing STATUTES – whether applicant entitled to relief under s 7 Contracts Review Act 1980 (NSW)