Euro Automotive Pty Limited & anor v Metlef & anor [2006] NSWSC 416

New South Wales Supreme Court

CITATION : Euro Automotive Pty Limited & anor v Metlef & anor [2006] NSWSC 416

HEARING DATE(S) : 9 May 2006

JUDGMENT DATE : 9 May 2006

JURISDICTION : Common Law

JUDGMENT OF : Michael Grove J at 1

EX TEMPORE JUDGMENT DATE : 05/09/2006

DECISION : ADJOURNMENT GRANTED ON CONDITIONS

CATCHWORDS : CONTRACT - PURCHASE OF EXPENSIVE MOTOR CAR - RESOLUTION BY CONSENT OF DISPUTES BETWEEN DEALER AND FINANCIER - SOLICITOR CEASING TO ACT FOR PURCHASER - ADJOURNMENT APPLICATION CONCERNING BALANCE OF ISSUES

PARTIES : Euro Automotive Pty Limited and Lamborghini Sydney Pty Limited v Ali Metlef and BMW Finance Limited

FILE NUMBER(S) : SC 13186/05

COUNSEL : C. Freeman (Plaintiff) J. O'Connor (First Defendant)

SOLICITORS : Galilee Solicitors (Plaintiff)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

MICHAEL GROVE J

Tuesday 9 May 2006

13186/05 - EURO AUTOMOTIVE PTY LIMITED & ANOR v ALI METLEF & ANOR

JUDGMENT

1 HIS HONOUR: The action listed today involves claims by plaintiffs concerning the sale to the first defendant of a Lamborghini motor vehicle which was financed by the second defendant on a leasing agreement and was to be further financed by the trade-in of a Ferrari motor vehicle and a balance amount. This morning I am informed that minutes of an agreement have been handed to the Registrar resolving the differences between the plaintiffs and the second defendant.

2 The first defendant was, until Friday last, represented by solicitors. On that date, the solicitor filed a notice of ceasing to act. Counsel has appeared this morning (retained directly) for the purpose of seeking an adjournment of what now amounts to the balance of the litigation.