NSW Caselaw
New South Wales Supreme Court
CITATION : Bahadori & 2 Ors v Permanent Mortgages & 3 Ors [2007] NSWSC 79
HEARING DATE(S) : 7 February 2007
JUDGMENT DATE : 16 February 2007
JURISDICTION : Common Law Division - Administrative Law List
JUDGMENT OF : Associate Justice Harrison
DECISION : (1) The appeal is dismissed; (2) The decision of Senior Tribunal Member Durie dated 2 May 2006 is affirmed; (3) The summons filed 13 June 2006 is dismissed; (4) The plaintiffs are to pay the defendants' costs as agreed or assessed.
CATCHWORDS : Appeal from CTTT: whether acceptance of letter of offer constitutes a contract, interpretation - "reason to believe" s 11(2) of the Consumer Credit Code
Consumer Trader and Tenancy Tribunal Act 2001 (NSW) ss 67 Consumer Credit Act (New South Wales) - s 5 LEGISLATION CITED : Consumer Credit Act of Queensland Oaths Act 1900 Consumer Credit Code - s 11 Consumer Credit (New South Wales) Regulations
Chapman v Taylor & Ors; Vero Insurance Ltd v Taylor & Ors [2004] NSWCA Codelfa Construction Pty Ltd v State Rail Authority of NSW (1981) 149 CLR 337 Dale v Nicholls Constructions Pty Limited [2003] QDC 453 Helmos Enterprises Pty Ltd v Jaylor Pty Ltd [2005] NSWCA 235 CASES CITED : Jonsson v Arkway Pty Limited (2003) 56 NSWLR 451 Kalokerinos & Anor v HIA Insurance Services P/L & Anor [2004] NSWCA 312 Linkenholt Pty Ltd v Quirk [2000] VSC 166 Masters v Cameron (1954) 91 CLR 353 Park Avenue Pty Limited v Boon [2001] NSWSC 700 Rafiqi & Anor v Wacal Investments Pty Limited (1998) ASC 155-024
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