Palgo Holdings Pty Ltd v Gowans & Anor [2002] NSWSC 894

New South Wales Supreme Court

CITATION : Palgo Holdings Pty Ltd v Gowans & Anor [2002] NSWSC 894 CURRENT JURISDICTION: Common Law Criminal FILE NUMBER(S) : SC 11134/02 HEARING DATE(S) : 4 & 5 September 2002 JUDGMENT DATE : 30 September 2002

Palgo Holdings Pty Ltd (t/a Cash Counters Byron Bay) PARTIES : Kelvin Gowans (Department of Fair Trading) Jeffrey Alan Linden LCM JUDGMENT OF : Sperling J at 1

LOWER COURT Local Court JURISDICTION : LOWER COURT 59571/01/117 FILE NUMBER(S) : LOWER COURT Linden LCM JUDICIAL OFFICER :

COUNSEL : Mr A J Kimmins for the Plaintiff Mr R A Greenaway for the First Defendant SOLICITORS : Jackson Smith Solicitors for the Plaintiff Department of Fair Trading for the First Defendant CATCHWORDS : Criminal Law - appeal from Local Court - plaintiff convicted of lending money on the security of pawned goods whilst not being holder of licence under Pawnbrokers & Second-hand Dealers Act 1996 - transactions documented as bill of sale / goods mortgage - whether transfer of title under a goods mortgage is inconsistent with the goods being "pawned goods" within the meaning of the Act LEGISLATION CITED : Justices Act 1902, s104, s109 Pawnbrokers & Second-hand Dealers Act 1996, s6 CASES CITED : Hope v The Council of the City of Bathurst (1980) 144 CLR 1 DECISION : Appeal against conviction and sentence dismissed.

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

Sperling J

Monday, 30 September 2002

11134/02 Palgo Holdings Pty Ltd t/a Cash Counters Byron Bay v Kelvin Gowans (Department of Fair Trading) & Anor