Enterprise Finance Solutions Pty Ltd v Charter One Pty Ltd and Slobodan TRAJKOVICH [2007] NSWLC 5

Local Court of New South Wales

CITATION: Enterprise Finance Solutions Pty Ltd v Charter One Pty Ltd and Slobodan TRAJKOVICH [2007] NSWLC 5 JURISDICTION: Civil Enterprise Finance Solutions Pty Ltd PARTIES: Charter One Pty Ltd (First Defendant) Slobodan TRAJKOVICH (Second Defendant) FILE NUMBER: 8147/06 PLACE OF HEARING: Downing Centre Local Court DATE OF DECISION: 03/05/2007 MAGISTRATE: Magistrate H Dillon CATCHWORDS: Contracts – Whether defendant entered agreement with plaintiff – Whether a third party who presented pro forma application for credit to defendant the plaintiff's agent or a stranger – Whether the plaintiff induced by false or misleading representations to enter the contract – Whether defendant signed all relevant parts of written contract – Whether defendant bound by written contract. LEGISLATION CITED: CASES CITED: Toll (FGCT) Pty Limited v Alphapharm Pty Limited (2004) 219 CLR 165 Mr P.J. McDowell (counsel) Turnbull Hill, Solicitors for plaintiff. REPRESENTATION: Mr S. Trajkovich (director) for 1st defendant. Self for second defendant. ORDERS: Verdict and judgment against each defendant jointly and severally in the sum of $14,141.13. Costs to follow the event in a sum agreed or assessed.

REASONS for DECISION 1. The plaintiff, Enterprise Finance Solutions Pty Ltd, is a finance company. The first defendant, Charter One Pty Ltd, is a company operating a pizza restaurant and charter boat business in Manly, NSW. The second defendant is a director of Charter One. EFS sues on a rental contract which it alleges was repudiated by Charter One. It now seeks to recover an amount of $14,141.13. History of the dispute 2. Most of the facts in the matter are not in contest. This is not to say that the plaintiff admits certain statements made by Mr Trajkovich in his evidence but it does not contradict them.