Silvestro v S R Factors Pty Ltd [2010] NSWCA 74

New South Wales Court of Appeal

CITATION: Silvestro v S R Factors Pty Ltd [2010] NSWCA 74

HEARING DATE(S): 19 March 2010

JUDGMENT DATE: 22 April 2010

JUDGMENT OF: Macfarlan JA at [1]; Young JA at [2]; Sackville AJA at [27]

DECISION: Appeal dismissed with costs.

CATCHWORDS: TRADE PRACTICES- unconscionable conduct- whether "unconscionable conduct" under s 51AA and s 51AC Trade Practices Act 1974 for respondent to delay in taking action to recover debt and suing the appellant so that appellant's rights of subrogation for recovery of debts against customer and insurer statute barred by Limitation Act 1969- on facts claim not made out- in any event no evidence of reaction of appellant to respondent's alleged conduct.

Contracts Review Act 1980 LEGISLATION CITED: Limitation Act 1969 Trade Practices Act 1974 (Cth), ss 51AA, 51AC

CATEGORY: Principal judgment

Brueckner v The Satellite Group (Ultimo) Pty Ltd [2002] NSWSC 378 CASES CITED: Garry Rogers Motors (Aust) Pty Ltd v Subaru (Aust) Pty Ltd (1999) ATPR 41-703 West v AGC (Advances) Ltd (1986) 5 NSWLR 610

PARTIES: Paul Silvestro (Appellant) S R Factors Pty Limited (Respondent)

FILE NUMBER(S): CA 2009/00298375

COUNSEL: J T Johnson and J Paingakulam (Appellant) P Bolster (Respondent)

SOLICITORS: Brydens Law Office (Appellant) Peninsula Law (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): DC 2358/07

LOWER COURT JUDICIAL OFFICER: Elkaim DCJ

LOWER COURT DATE OF DECISION: 8 May 2009

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 2009/00298375