BJ International Limited v Asghar (No 2) [2013] FCA 580

BJ International Limited v Asghar (No 2) [2013] FCA 580

The Court found that the primary agreement for supply of motor vehicles was between BJ International and Mr Asghar in 1999, and not with Ginza Importers Pty Ltd. Mr Asghar made some payments but a substantial sum remained outstanding. The evidence of BJ International’s managing director was preferred over Mr...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 June 2013
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for the Applicant
Legal Topics
['oral Agreements' 'sale of Goods' 'guarantees' 'practice and Procedure' 'default Judgment' 'application to Re Open' 'misrepresentation' 'acknowledgment of Debt' 'unjust Enrichment']
['contract Law'] ['oral Agreements' 'sale of Goods' 'guarantees' 'practice and Procedure' 'default Judgment' 'application to Re Open' 'misrepresentation' 'acknowledgment of Debt' 'unjust Enrichment']

Source-derived case record

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Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 ['Whether an agreement for supply of motor vehicles existed between BJ International and Mr Asghar' 'Whether Mr Asghar is liable for an outstanding debt arising from supply of motor vehicles' 'Whether Mr Asghar personally guaranteed debts of Ginza Importers Pty Ltd to BJ International' 'Whether acknowledgment of debt was made under duress']

Ratio Decidendi

The Court found that the primary agreement for supply of motor vehicles was between BJ International and Mr Asghar in 1999, and not with Ginza Importers Pty Ltd. Mr Asghar made some payments but a substantial sum remained outstanding. The evidence of BJ International’s managing director was preferred over Mr Asghar’s. Judgment was entered for the applicant for the outstanding amount, with costs awarded except for the second hearing day.

Court Disposition

Judgment for the Applicant

Orders

  • ['Judgment be entered in favour of BJ International Limited in the Australian dollar equivalent of ¥80,305,815 calculated at the date of judgment, together with interest as claimed.' 'Respondent to pay the costs of the Applicant, except for the second day of the hearing.' 'The parties to bring in short minutes of...