Technology Leasing Ltd V Tony Phillips Industries P/L and Anthony Phillips [2010] NSWLC 27

Local Court of New South Wales

CITATION: Technology Leasing Ltd V Tony Phillips Industries P/L and Anthony Phillips [2010] NSWLC 27

JURISDICTION: Civil

Technology Leasing Limited PARTIES: Tony Phillips Industries Pty Limited Anthony Phillips

FILE NUMBER:

PLACE OF HEARING: Tweed Heads/Byron Bay

DATE OF DECISION: 10/15/2010

MAGISTRATE: Magistrate Dakin

CATCHWORDS: Contracts – general contractual principles – construction and interpretation of contract – rental and hire agreements – promise to rent.Bailment, contracts – implied and express terms – whether requirement under rental agreement for hire/rent that possession be given is implied or express term.Estoppel – estoppel by convention – whether written statement by party to whom possession to be given that it was arranging to take possession caused parties to proceed on shared assumption that possession had passed.Agency – whether equipment provider and finance broker agent of equipment ownerRestitution – restitution resulting from unenforceable incomplete contract – whether money paid as rent recoverable when possession never obtained

LEGISLATION CITED: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005

CASES CITED:

TEXTS CITED:

REPRESENTATION: Counsel:Mr Carter for the PlaintiffMr Simpson for the Defendants Solicitors:Fraser Clancy Lawyers for the PlaintiffRobbins Watson Solicitors for the Defendant

Judgment for the first and second defendants on the Statement of Claim ORDERS: Judgment for the first defendant/cross claimant on the amended First Statement of Cross Claim in the amount of $3,465.00 together with interest pursuant to the Civil Procedure Act and Uniform Civil Procedure Rules of:$495.00 from 4 July 2008 to the date of judgment;$495.00 from 4 August 2008 to the date of judgment;$495.00 from 3 September 2008 to the date of judgment;$495.00 from 3 October 2008 to the date of judgment;$495.00 from 3 November 2008 to the date of judgment;$495.00 from 3 December 2008 to the date of judgment;$495.00 from 5 January 2009 to the date of judgment. Interest on the above amount to be calculated by the parties and failing agreement to be calculated by the Registrar. The plaintiff is to pay the costs of the first and second defendants of the proceedings.