Paccar Financial Pty Ltd v Menzies; Menzies v Paccar Financial Pty Ltd (No 5) [2013] NSWSC 772

Supreme Court New South Wales

Medium Neutral Citation: Paccar Financial Pty Ltd v Menzies; Menzies v Paccar Financial Pty Ltd (No 5) [2013] NSWSC 772 Hearing dates: 13/05/2013 & 14/05/2013 Decision date: 13 June 2013 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders in proceedings 2010/377702 that: (1) Paccar is entitled to possession of the following property: (a) 1 x 2004 Vawdrey D Double Tautliner Trailer Chassis No XXXXX Registration XXXXX and 1 x 2004 Vawdrey B Double Tautliner Trailer Chassis No XXXXX Registration XXXXX (as set out in Loan Contract 7470-20393); (b) 1 x 2003 Kenworth K104 Prime Mover Chassis No XXXXX Engine No XXXXX Registration XXXXX (as set out in Loan Contract 7470-20394); (c) 1 x 2001 Barker B Double Trailer Chassis XXXXX Registration XXXXX and 1 x 2001 Barker B Double Trailer Chassis XXXXX Registration XXXXX (as set out in Loan Contract 7470-20395); and (d) 1 x 2003 Kenworth K104 Prime Mover Chassis XXXXX Engine XXXXX Registration XXXXX (as set out in Loan Contract 7470-20396). (2) Ian Menzies and Colleen Menzies are to deliver the property referred to in order (1) to Paccar within 14 days. (3) The defendants are to pay the plaintiff the sum of $572,442.96. (4) The cross claim is dismissed. (5) The defendants are to pay the plaintiff's costs on an indemnity basis. The Court orders in proceedings 2011/176144 that: (1) These proceedings are dismissed. (2) The plaintiffs are to pay the defendant's costs as agreed or assessed. Catchwords: POSSESSION OF GOODS - recovery under deed of loan and charge agreements - trucks and trailers - whether defendants signed complete agreements - whether misleading and deceptive conduct by plaintiff - whether unjust contract Legislation Cited: Bankruptcy Act 1966 (Cth) Competition and Consumer Act 2012 Contracts Review Act 1980 Corporations Act 2001 Cases Cited: BP Australia Pty Ltd v Menzies & Anor [2010] FMCA 375 Menzies v Paccar Financial Pty Ltd [2011] FCA 460 Paccar Financial Pty Ltd v Menzies; Menzies v Paccar Financial Pty Ltd (No 3) [2013] NSWSC 551 Perpetual Trustee Company Ltd v Khoshaba [2006] NSWCA 41 Category: Principal judgment Parties: 2010/377702 Paccar Financial Pty Ltd (Plaintiff) Ian David Menzies (First Defendant) Colleen Anne Menzies (Second Defendant)