Jonsson v Arkway Pty Ltd [2000] NSWFTT 2

Fair Trading Tribunal New South Wales

CITATION: Jonsson v Arkway Pty Ltd [2000] NSWFTT 2 DIVISION: Commercial Division PARTIES: APPLICANT: Ms Jonsson RESPONDENT: Arkway Pty Ltd FILE NUMBER: CM 2000/4593 HEARING DATES: Decision made without hearing; with consent of the parties SUBMISSIONS CLOSED: 30/08/2000 DATE OF DECISION: 24/11/2000

BEFORE: Ms G Fleming Senior Member Consumer Credit (New South Wales) Act 1995 LEGISLATION CITED : Consumer Credit (New South Wales) Code Fair Trading Tribunal Act 1998 Tallerman and Co Pty Ltd v Nathan's Merchandise (Victoria) Pty Ltd (1957) 98 CLR93 CASES CITED: State Bank v Sullivan (1999) NSWSC596 Linkeholt Pty Ltd v Quirk (2000) v SC166 CATCHWORDS: Consumer Credit Code - mortgage - re-opening of the credit contract - civil penalty - transfer to the Supreme Court - presumptions relating to the application of the Code - definitions - trustee company - mortgage investment purposes - application of the code to pre-code contracts - purpose of the provision of credit MATTER FOR DECISION: Jurisdiction Transfer to the Supreme Court REPRESENTATION: APPLICANT: Mr Batley, Solicitor, Legal Aid Commission RESPONDENT: Mr Haney, Shakespeare Hanley Solicitors 1. The Tribunal has jurisdiction in this matter. ORDERS: 2. The application to transfer these proceedings to the Supreme Court is refused. 3. The parties are to submit draft orders as to the progress of this matter to the Tribunal on or before 20 December 2000. 4. The matter is to be listed for a telephone directions hearing on 21 December at 9am.