Bircan v Asia Invest Enterprises Pty Ltd and Anor [2018] NSWCATCD 51

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bircan v Asia Invest Enterprises Pty Ltd and Anor [2018] NSWCATCD 51 Hearing dates: 6 March 2018 and 26 June 2018 Date of orders: 04 September 2018 Decision date: 04 September 2018 Jurisdiction: Consumer and Commercial Division Before: J A Ringrose, General Member Decision: (1) The first respondent, Asia Invest Enterprises Pty Ltd is to pay the second respondent the sum of $27,073.92 together with interest thereon at a rate 46.9% on that sum being a total of $40,286.50 as calculated in accordance with the rental contract between the second respondent and the applicant. Such payments are to be made immediately.

(2) The second respondent is to pay the applicant the sum of $1,535.60 within 30 days of the date of these orders being the weekly payments for a Contas coffee grinder which was the subject of a rental agreement between the applicant and the second respondent by which grinder was never received. That sum is to be paid within 30 days of the date of these orders.

(3) The applicant is not required to pay the second defendant the sum referred to in Order 1 herein being part of the monies claimed to be owing by her under the rental contract between them.

(4) The Tribunal notes that the second respondent does not dispute the relief sought by the applicant that the first respondent refund a sum of $27,037.92 to it, being the difference between the purchase price of the goods as quoted to the applicant by the first respondent and the price at which the goods were sold by the first respondent to the second respondent for the purposes of a finance arrangement. The Tribunal notes further that the second respondent has indicated it is willing to cooperate with the first respondent and once a refund has been received it is willing to ensure that the applicant can continue a successful business relationship with the second respondent moving forward (should the applicant so which).