Matas, Ivan v Bartulin, Jolanda [1998] FCA 840

Matas, Ivan v Bartulin, Jolanda [1998] FCA 840

The appellant only disposed of his interest as a co-owner, which is not covered by the statutory prohibition, and value was given for the cheque, so the defence based on illegality and failure of consideration must fail.

Jurisdiction
Australia
Judgment Date
07 July 1998
Procedural Posture
Appeal / Full Court Appeal From the Supreme Court of the Australian Capital Territory
Outcome
Appeal allowed
Legal Topics
['cheques' 'sale of Goods' 'illegality of Contract' 'failure of Consideration' 'motor Vehicles']
['contract'] ['cheques' 'sale of Goods' 'illegality of Contract' 'failure of Consideration' 'motor Vehicles']

Case Brief

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Procedural Posture

Appeal / Full Court Appeal From the Supreme Court of the Australian Capital Territory

Legal Issues

  1. 1 ['Whether the sale was illegal under s 32 of the Motor Vehicle Safety Act 1980 (Qld) due to absence of roadworthiness certificate' 'Whether there was a total failure of consideration for the cheque' 'Whether the presumption in s 37 of the Cheques and Payment Orders Act 1986 (Cth) applied']

Ratio Decidendi

The appellant only disposed of his interest as a co-owner, which is not covered by the statutory prohibition, and value was given for the cheque, so the defence based on illegality and failure of consideration must fail.

Court Disposition

Appeal allowed

Orders

  • ['The appeal is allowed.' 'The judgments of the Magistrates Court and of the Supreme Court are set aside.' 'The respondent must pay the appellant $4,500 with statutory interest.' "The respondent must pay two thirds of the appellant's taxed costs in the Magistrates Court and all of the appellant's taxed costs in the...