Liu v Victory Lease Pty Ltd [2023] NSWCATCD 148

Liu v Victory Lease Pty Ltd [2023] NSWCATCD 148

Victory Lease Pty Ltd was not in breach of clause 18(iv) of the management agency agreement as payment of the insurance premium was contingent on sufficient funds being held from rental receipts on behalf of the principal. No breach of statutory guarantee under s 60 ACL was established, as the alleged breaches under the regulations were not causally linked to any loss. The applicant failed to prove any loss attributable to a breach by the respondent.

Parties
Applicant: Ms Ziyan Liu; Respondent: Victory Lease Pty Ltd
Jurisdiction
Australia
Judgment Date
07 September 2023
Procedural Posture
Consumer Claim (breach of Contract; Consumer Guarantees) / Final Judgment
Outcome
Application dismissed
Legal Topics
Breach of Contract, Right to Damages, Statutory Guarantees, Supply of Services, Rules of Conduct for Agents
Contracts Consumer Law Breach of Contract Right to Damages Statutory Guarantees Supply of Services Rules of Conduct for Agents

Case Brief

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Parties

Ms Ziyan Liu

Applicant

Victory Lease Pty Ltd

Respondent

Procedural Posture

Consumer Claim (breach of Contract; Consumer Guarantees) / Final Judgment

Legal Issues

  1. 1 Whether Victory Lease Pty Ltd breached the management agency agreement by failing to pay the insurance premium when due
  2. 2 Whether Victory Lease Pty Ltd breached the statutory guarantee under s 60 Australian Consumer Law (NSW) to render services with due care and skill
  3. 3 Whether any loss suffered by Ms Liu was causally related to a breach by the respondent

Ratio Decidendi

Victory Lease Pty Ltd was not in breach of clause 18(iv) of the management agency agreement as payment of the insurance premium was contingent on sufficient funds being held from rental receipts on behalf of the principal. No breach of statutory guarantee under s 60 ACL was established, as the alleged breaches under the regulations were not causally linked to any loss. The applicant failed to prove any loss attributable to a breach by the respondent.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.