NSW Caselaw
New South Wales Supreme Court
CITATION : Business & Professional Leasing Pty Ltd v Dannawi; BPL (NSW) Pty Ltd v Blue Robe Petroleum Pty Ltd; BPL (NSW) Pty Ltd v Macarounas [2008] NSWSC 902
HEARING DATE(S) : 21-23 May 2008
JUDGMENT DATE : 5 September 2008
JURISDICTION : Equity Division
JUDGMENT OF : Young CJ in Eq
DECISION : Plaintiff financier entitled to verdict against all three defendants. However two defendants succeed on cross-claim against plaintiff for same amount.
CATCHWORDS : TRADE & COMMERCE [143]- Plaintiff as financier and lessor entered into agreements with various defendants leasing pizza ovens and associated equipment for the term of 60 months- Plaintiff bought lease property from suppliers who falsely represented to the defendants that there is a "6 month trial period"- An ineffectual deed of assignment proffered later- Defendants after 6 months sought to be released from their obligations- Trade Practices Act 1974 (Cth) s 73- Whether plaintiff as "linked credit provider" is liable- Suppliers must be corporations- Prices of two separate identical items in one single transaction ought not be aggregated in determining whether it is a consumer sale- Inference drawn that supplier regularly referred persons to the plaintiff for credit- Section 73 does not empower the court to rescind the lease- Defendants' loss suffered is the amount payable to the plaintiff under the lease.
LEGISLATION CITED : Civil Procedure Act 2005, ss 98, 100 Trade Practices Act 1974 (Cth), ss 4B, 4C, 51A, 68, 70, 71, 73, 75B, 82
ACCC v Michigan Group Pty Ltd [2002] FCA 1439 Castlemaine Tooheys Ltd v Williams & Hodgson Transport Pty Ltd (1985) 7 FCR 509 Castlemaine Tooheys Ltd v Williams & Hodgson Transport Pty Ltd (1986) 162 CLR 395 Jefferson Ford Pty Ltd v Ford Motor Company of Australia Ltd (2008) 167 FCR 372 CASES CITED : Luxer Holdings Pty Ltd v Glentham Pty Ltd (2007) 35 WAR 254 NMFM Property Pty Ltd v Citibank Ltd (2000) 107 FCR 270 Petersen v Moloney (1951) 84 CLR 91 Sacher Investments Pty Ltd v Forma Stereo Consultants Pty Ltd [1976] 1 NSWLR 5 TCN Channel Nine Pty Ltd v Hayden Enterprises Pty Ltd (1989) 16 NSWLR 130 Watts v Rake (1960) 108 CLR 158
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