Police Dept Employees' Credit Union v Flood [1999] NSWSC 885

Police Dept Employees' Credit Union v Flood [1999] NSWSC 885

The Tribunal erred in law by treating the pre-Code continuing credit contract as confined to the written agreement alone; the overdrawn service fee (OSF) was part of the credit arrangements and contractually authorised; the breaches found by the Tribunal under the Consumer Credit (NSW) Code were incorrect, as the OSF and related arrangements complied with the relevant legal requirements.

Jurisdiction
Australia
Judgment Date
02 September 1999
Procedural Posture
Appeal / Judgment
Outcome
Tribunal determination, declaration and orders other than paragraphs 1 and 7 set aside; parties may apply for consequential orders within ten days.
Legal Topics
['consumer Credit (nsw) Code Application' 'pre Code Continuing Credit Contract' 'fees and Charges' 'statement of Account Requirements' 'credit Related Insurance Disclosure']
['consumer Credit' 'administrative Law'] ['consumer Credit (nsw) Code Application' 'pre Code Continuing Credit Contract' 'fees and Charges' 'statement of Account Requirements' 'credit Related Insurance Disclosure']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the overdrawn service fee (OSF) formed part of the pre-Code continuing credit contract and was lawfully imposed' 'Whether breaches of ss 21, 32, and related provisions of the Consumer Credit (NSW) Code occurred' 'Whether statements of account complied with requirements under s 32' 'Whether disclosure requirements for credit-related insurance under s 32(I) and reg 48 were satisfied']

Ratio Decidendi

The Tribunal erred in law by treating the pre-Code continuing credit contract as confined to the written agreement alone; the overdrawn service fee (OSF) was part of the credit arrangements and contractually authorised; the breaches found by the Tribunal under the Consumer Credit (NSW) Code were incorrect, as the OSF and related arrangements complied with the relevant legal requirements.

Court Disposition

Tribunal determination, declaration and orders other than paragraphs 1 and 7 set aside; parties may apply for consequential orders within ten days.

Orders

  • ['Tribunal determination, declaration and orders (except paragraphs 1 and 7) set aside']