Technology Leasing Limited v Colan Bros Pty Ltd [2013] NSWSC 751

Technology Leasing Limited v Colan Bros Pty Ltd [2013] NSWSC 751

The appropriate method for determining whether the lessees were consumers was to assess the price of the goods acquired within the meaning of s 4B(2)(d) of the Trade Practices Act 1974 (Cth), which in each case did not exceed the prescribed $40,000. Therefore, the companies were consumers within the meaning of the Act, and the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
12 June 2013
Procedural Posture
Appeal / Decision
Outcome
Appeal dismissed
Legal Topics
['leasing Agreement' 'definition of Consumer Under Trade Practices Act' 'linked Credit Provider' 'misleading and Deceptive Conduct']
['consumer Protection' 'contract Law'] ['leasing Agreement' 'definition of Consumer Under Trade Practices Act' 'linked Credit Provider' 'misleading and Deceptive Conduct']

Case Brief

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Procedural Posture

Appeal / Decision

Legal Issues

  1. 1 ['Whether lessee is a consumer within the meaning of the Trade Practices Act 1974 (Cth)' 'How to determine the price for the purposes of section 4B of the Trade Practices Act']

Ratio Decidendi

The appropriate method for determining whether the lessees were consumers was to assess the price of the goods acquired within the meaning of s 4B(2)(d) of the Trade Practices Act 1974 (Cth), which in each case did not exceed the prescribed $40,000. Therefore, the companies were consumers within the meaning of the Act, and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed with costs']