Australian Finance Direct v Carolyn Elderton [2006] NSWLC 15

Local Court of New South Wales

CITATION: Australian Finance Direct v Carolyn Elderton [2006] NSWLC 15 JURISDICTION: Civil Australian Finance Direct Ltd PARTIES: Carolyn Elderton Timothy Elderton FILE NUMBER: 5583/05 PLACE OF HEARING: Downing Centre DATE OF DECISION: 02/10/2006 MAGISTRATE: Magistrate H Dillon CATCHWORDS: Consumer Credit- Whether contract between supplier of services to consumer discharged or rescinded so as to entitle consumer to terminate contract with credit provider- Whether consumer terminated contract with supplier of services - Whether consumer accepted repudiation of contract by services provider or affirmed the contract Bankruptcy Act Part X LEGISLATION CITED: Contracts Review Act 1980 s 7 (1) (a) Uniform Consumer Credit Code ss 119, 120, 125 Garcia v National Australia Bank Ltd (1998) 194 CLR 395 CASES CITED: McDonald v Dennys Lascelles Ltd (1933) 48 CLR 457 Shevill v Builders Licensing Board (1982) 149 CLR 620 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165 Mr J White (Counsel) instructed by McKells Solicitors for plaintiff REPRESENTATION: Mr R Strang Southern Cross Lawyers for Defendant; Mr D Emerson - Elliott, McKenzie friend, for cross claimant ORDERS: 1. Vardict for the plaintiff in the sum of $15,340 plus interest to be calculagted at the rate of 14 per cent per annum from 22 April 2004 (the date of the letter of demand) to the date of judgment. Judgment accordingly.; 2. In relation to costs, I propose the usual order that costs follow th event in a sum agreed or assessed. Parties may have liberty to apply in respect of the proposed order. If the matter is not relisted within 28 days by either party on the question of costs, the proposed order will be executed.