Mandhan v Toyota Finance Australia Limited (No 3) [2023] FCA 1261

FEDERAL COURT OF AUSTRALIA

Mandhan v Toyota Finance Australia Limited (No 3) [2023] FCA 1261 File number: SAD 258 of 2018

Judgment of: BESANKO J

Date of judgment: 23 October 2023

Catchwords: CONTRACTS — application for damages in relation to a loan advanced by a finance company for the purchase of a motor vehicle — applicant claims finance company engaged in fraud and deceit in connection with the provision of the loan — principal acts of fraud and deceit said to relate to advice as to the availability of loan protection insurance, the applicant's accommodation status at time of the loan and the applicant's expenses at time of the loan — claim for damages involving gemstones said to be worth $1.5 billion and projects likely to realise billions of dollars — credit findings in relation to the applicant and his wife — application dismissed — cross-claim by finance company for relief against the applicant for default in repayment of the loan upheld

Legislation: Australian Securities and Investments Commission Act 2001 (Cth) s 12DA Corporations Act 2001 (Cth) ss 180, 181, 182, 183 Evidence Act 1995 (Cth) ss 76, 77, 78, 79, 80 National Consumer Credit Protection Act 2009 (Cth) Federal Court Rules 2011 (Cth) r 23.13

Cases cited: Bonython v R (1984) 38 SASR 45 Dasreef Pty Ltd v Hawchar [2011] HCA 21; (2011) 243 CLR 588 John Fairfax Publications Pty Ltd v Rivkin [2003] HCA 50; (2003) 77 ALJR 1657 Makita (Aust) Pty Ltd v Sprowles [2001] NSWCA 305; (2001) 52 NSWLR 705 Mandhan v Toyota Finance Australia Limited [2019] FCA 2124