EMCL Pty Ltd v Esanda Finance Corp Ltd [1998] FCA 1483

EMCL Pty Ltd v Esanda Finance Corp Ltd [1998] FCA 1483

The Court refused to entertain the applicants' new construction issue because it was not raised before judgment on the agreed construction questions, would result in a dramatic increase in the alternative claim, would be unfair to the respondent, would likely open up issues of rectification and other matters, and was inconsistent with the common ground that the amount paid by the respondent to EMCL included an amount for the future receipt of the residual value.

Jurisdiction
Australia
Judgment Date
17 November 1998
Procedural Posture
Federal Court Civil Ruling Concerning Construction of a Master Discount Agreement / After Substantive Trial and Judgment; Ruling on the Applicants' Attempt to Advance a New Contention by Affidavit Sworn 9 November 1998
Outcome
The Court declined to entertain the applicants' new contention.
Legal Topics
['construction of Cl 4(b) of the Master Discount Agreement' 'net Present Value of Outstanding Rentals' 'residual Value of Leased Vehicles' 'late Attempt to Raise a New Contention After Judgment']
['contract Law' 'civil Procedure'] ['construction of Cl 4(b) of the Master Discount Agreement' 'net Present Value of Outstanding Rentals' 'residual Value of Leased Vehicles' 'late Attempt to Raise a New Contention After Judgment']

Case Brief

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Procedural Posture

Federal Court Civil Ruling Concerning Construction of a Master Discount Agreement / After Substantive Trial and Judgment; Ruling on the Applicants' Attempt to Advance a New Contention by Affidavit Sworn 9 November 1998

Legal Issues

  1. 1 ['Whether the applicants should be permitted, after substantive trial and judgment, to contend that where leases had been predetermined the calculation of the amount due should exclude entirely the net present value of the residual value of the vehicle.' 'Whether the expression "net present value of the outstanding rentals" in cl 4(b) of the Master Discount Agreement included the residual value.']

Ratio Decidendi

The Court refused to entertain the applicants' new construction issue because it was not raised before judgment on the agreed construction questions, would result in a dramatic increase in the alternative claim, would be unfair to the respondent, would likely open up issues of rectification and other matters, and was inconsistent with the common ground that the amount paid by the respondent to EMCL included an amount for the future receipt of the residual value.

Court Disposition

The Court declined to entertain the applicants' new contention.

Orders

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