Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Devon v Thirteenth Kaysan Pty Ltd [2016] FCA 357 File number: VID 496 of 2015
Judge: DAVIES J
Date of judgment: 13 April 2016
Catchwords: PRACTICE AND PROCEDURE – application for summary judgment – whether National Credit Code applies – whether credit provided for Code purpose – whether debtor was a natural person – where loan to company secured by mortgage by natural person – National Credit Code s 5 PRACTICE AND PROCEDURE – application for summary judgment – allegations of misleading and deceptive conduct and of unconscionable conduct – where no factual foundation identified
Legislation: Federal Court of Australia Act 1976 (Cth) s 31A National Consumer Credit Protection Act 2009 (Cth) Sch 1 National Credit Code ss 5, 7, 13
Cases cited: Dowling v Commonwealth Bank of Australia [2008] FCA 59 Mulhern v Bank of Queensland [2015] FCA 44 Raftland Pty Ltd as trustee of the Raftland Trust v Commissioner of Taxation (2008) 238 CLR 516; [2008] HCA 21 Snook v London and West Riding Investments Ltd [1967] 2 QB 786 Spencer v Commonwealth (2010) 241 CLR 118; [2010] HCA 28
Date of hearing: 21 March 2016
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
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