Macquarie Equipment Rentals Pty Ltd v RJT Trans-Aus Pty Ltd and Tony O’Bied [2009] NSWLC 19

Local Court of New South Wales

CITATION: Macquarie Equipment Rentals Pty Ltd v RJT Trans-Aus Pty Ltd and Tony O'Bied [2009] NSWLC 19

JURISDICTION: Civil

Macquarie Equipment Rentals Pty Ltd PARTIES: RJT Trans-Aus Pty Ltd Tony O'Bied

FILE NUMBER: 77740/07

PLACE OF HEARING: Downing Centre Local Court

DATE OF DECISION: 09/25/2009

MAGISTRATE: Magistrate Townsden

CATCHWORDS: Undisclosed Principal

LEGISLATION CITED:

Branwhite v Worcester Works Finance Ltd 1969 AC 552 Empirnall Holdings Pty Ltd v Machon Paull Partners Pty Ltd [1988] 14 NSWLT 523ICTA CASES CITED: Investments Pty Ltd t/as Jolly Roger v G.E. Commercial Corporation (Australia) Pty Ltd [2006] NSWCA290 Tehran-Europe Co Ltd v St Belton (Tractors) Ltd (1968) QB 545

TEXTS CITED:

REPRESENTATION: Mr D Acquilina (Counsel) Mr Seymour (Counsel)

ORDERS: Judgment for the Plaintiff

IN THE LOCAL COURT OF NEW SOUTH WALES

1 The plaintiff company (Macquarie) sues the first defendant CRJT-Trans Aust and the second defendant Toney O'Beid being the guarantor for the first defendant company.

2 Macquarie allege that on or about 1st September 2006 they, as an undisclosed principal and the first defendant, entered into a "written rental agreement" that provided for the provision of credit finance to the first defendant who then acquired telecommunications equipment. The first defendant would pay Macquarie rental instalments by way of a direct debit facility.

3 The written rental agreement was arranged through an agent acting on Macquarie's behalf; the agent being Australian Lease Underwriting Pty Ltd trading as CMS Asset Software (CMS). The rental instalments were to be 60 monthly rental payments of $332.48 plus GST. Subsequent to a termination on or around 26th June 2007 Macquarie seeks 51 monthly rental instalments owing by the first defendant. Pursuant to the Amended Statement of Claim, Macquarie seek a total of $14,746.16 plus interest.