Technology Leasing Limited v Colan Bros Pty Ltd [2013] NSWSC 751

Supreme Court New South Wales

Medium Neutral Citation: Technology Leasing Limited v Colan Bros Pty Ltd [2013] NSWSC 751 Hearing dates: 12 June 2013 Decision date: 12 June 2013 Before: McCallum J Decision: Appeal dismissed Catchwords: CONSUMER PROTECTION - leasing agreement - whether lessee a consumer within the meaning of the Trade Practices Act Legislation Cited: Local Court Act 2007 Trade Practices Act 1974 (Cth) Category: Principal judgment Parties: Technology Leasing Limited (CAN 071 702 264) (plaintiff) Colan Bros Pty Ltd (ACN 002 642 168) (first defendant) Jorja Investments Pty Ltd (ACN 120 846 022) (second defendant) Representation: Counsel: S Goodman (plaintiff) A Crossland (defendants) Solicitors: HAL Group (plaintiff) Attwood Marshall (defendants) File Number(s): 2013/94838 Publication restriction: None

Judgment 1HER HONOUR: This is an appeal under s 39 of the Local Court Act 2007 against a decision of the Local Court. The appeal is on a question of law and accordingly lies as of right. 2The plaintiff in the appeal, Technology Leasing Limited, was the plaintiff in the proceedings below. It brought five separate proceedings in the Local Court to recover payments outstanding under rental agreements for telephone equipment and to enforce guarantees under those agreements. The five proceedings raised similar issues and so were heard together. The appeal concerns only two of the defendants, Colan Bros Pty Ltd and Jorja Investments Pty Ltd. 3The only ground of appeal pressed at the hearing was that the learned magistrate erred in law in holding that each of those companies was a consumer within the meaning of sections 4B and 73 of the Trade Practices Act 1974 (Cth).