Unison Finance Group Pty Ltd v Electric Life Pty Limited [2015] NSWSC 170

Supreme Court New South Wales

Medium Neutral Citation: Unison Finance Group Pty Ltd v Electric Life Pty Limited [2015] NSWSC 170 Hearing dates: 3 December 2014 Decision date: 10 March 2015 Jurisdiction: Common Law Before: Adams J Decision: The appeal against the verdict of judgment of the Local Court at Liverpool of 17 April 2014 is upheld. In lieu thereof judgment be entered in favour of the plaintiff. The defendant to pay the plaintiffs costs of the proceedings in the Local Court and in this Court. Catchwords: Interpretation – CONTRACT – Renewal terms – whether repeated in renewed agreement – money had and received Legislation Cited: Local Court Act 2007 (NSW) Limitation Act 1969 (NSW) Category: Principal judgment Parties: Unison Finance Group Pty Ltd (Plaintiff) Electric Life Pty Limited (Defendant) Representation: Counsel: E L Beechey (Plaintiff) B Oliak (Defendant)

Solicitors: Lincoln Smith & Company (Plaintiff) Galluzzo Lawyers (Defendant) File Number(s): 2014/142605 Publication restriction: None

Judgment Introduction 1. This is an appeal as of right pursuant to s 39 of the Local Court Act 2007 (NSW) from a judgment of the Local Court to the effect that the defendant (plaintiff below) was entitled to a refund of money paid by what was claimed to be a mistake following the expiry of a rental agreement. The plaintiff (defendant below) submits that the learned Magistrate erred in construing the rental agreement as having expired after its first (automatic) renewal, contending that it was in operation when the payments were made, so that the payments were made pursuant to a continuing liability to do so. It is submitted that other errors were also made but, having regard to my view about the proper construction of the rental agreement, it is not necessary to consider them.