Police Dept Employees' Credit Union v Flood [1999] NSWSC 885

New South Wales Supreme Court CITATION : Police Dept Employees' Credit Union v Flood [1999] NSWSC 885 CURRENT JURISDICTION : Administrative Law Division FILE NUMBER(S) : 30004/99 HEARING DATE(S) : 22-23, 29 July 1999 JUDGMENT DATE : 2 September 1999

Police Department Employees' Credit Union Limited (Plaintiff) v PARTIES : Pamela Flood (First Defendant) Commercial Tribunal of New South Wales (Second Defendant) JUDGMENT OF : Davies AJ

LOWER COURT JURISDICTION : Commercial Tribunal of NSW LOWER COURT FILE NUMBER(S) : 1167/97 LOWER COURT JUDICIAL OFFICER : O'Connor J

COUNSEL : P - Mr R G Forster SC 1D - Mr P Bingham P - Lange & Co SOLICITORS : 1D - Legal Aid Commission 2D - Submitting Appearance CATCHWORDS : Consumer credit; whether breach of Consumer Credit (NSW) Code; whether a pre-Code continuing contract can be partly in writing and partly not in writing; whether a credit contract imposed a fee and an interest charge in breach of the Code; whether the opening and closing balances in statements of account must be correct in fact or correctly reflect the credit provider's books; whether a statement of account should include interest actually debited or only interest properly debited; whether insurance particulars previously disclosed in accordance with the Code; whether credit limited to a period not exceeding 60 days; whether overdrawn credit constituted the provision of credit without prior agreement so as to exclude the operation of the Code; whether charges payable even if credit facilities not available Commercial Tribunal Act 1984, s20 ACTS CITED : Consumer Credit (NSW) Code, ss7,12,14,15, 21,26,32,102-104 Consumer Credit Regulations, reg41,43,48,58 DECISION : See para 47