Schepis & Ors v Esanda Finance Corporation Ltd [2000] NSWSC 41

New South Wales Supreme Court

CITATION : Schepis & Ors v Esanda Finance Corporation Ltd [2000] NSWSC 41 CURRENT JURISDICTION: Supreme Court FILE NUMBER(S) : SC 11907/99 HEARING DATE(S) : 9 February 2000 JUDGMENT DATE : 14 February 2000

PARTIES : Anthony Schepis & Ors v Esanda Finance Corporation Ltd JUDGMENT OF : Brownie AJ at 1

LOWER COURT Local Court JURISDICTION : LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL OFFICER :

COUNSEL : Mr D Allen (plaintiffs) Mr J J Priestley (defendant) SOLICITORS : Hancocks Solicitors (plaintiffs) Kemp Strang (defendant) CATCHWORDS : Evidence - admissibility - no question of general principle LEGISLATION CITED : Evidence Act 1995 s64(2), 67(4), 68(1), 192(2) Local Courts (Civil Claims) Rules, Pt 25 r7 DECISION : Summons dismissed with costs

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BROWNIE AJ Monday 14 February 2000

11907/99: SCHEPIS & ORS v ESANDA FINANCE CORPORATION LTD REASONS FOR JUDGMENT 1 HIS HONOUR: By their amended summons the plaintiffs ("the guarantors") seek an order for leave to appeal from a decision of the Local Court, an order setting aside that decision, and an order for the matter to be reheard. They had guaranteed the liability of Anthony's Stainless Steel Fabrications Pty Ltd ("the lessee") under a contract made between the lessee and the defendant (the plaintiff below, "the lessor") for the lease of certain goods.

2 The lessor sued the guarantors, asserting that on 5 November 1992, during the term of the lease, the lessee offered to return the goods to the lessor; that the lessor agreed to accept the return; that the goods were returned on or about 12 November 1992; that the lessor then sold them; and that the lessee had failed to pay to the lessor the sum then payable under the terms of the lease. Alternatively, it asserted that in breach of the lease, the lessee had failed to keep the goods under its control, but had purported or attempted to sell them; so that the lessor was entitled to repossess them, and sell them; it did so, and the same sum of money was then payable.