| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
COMMON LAW DIVISION
No. 6657 of 2003
| COLLECTION HOUSE LIMITED | Appellant |
| v | |
| LEIGH-ANNE TAYLOR | Respondent |
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JUDGE: | NETTLE J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 19 February 2004 | |
DATE OF JUDGMENT: | 3 March 2004 | |
CASE MAY BE CITED AS: | Collection House Limited v Taylor | |
MEDIUM NEUTRAL CITATION: | [2004] VSC 49 | Revisions 16 March 2004 |
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Administrative Law – Appeal from Tribunal – Victorian Civil and Administrative Tribunal – Procedural fairness – Whether member's conduct amounted to a refusal of adjournment - Whether refusal of adjournment a denial of natural justice – Victorian Civil and Administrative Tribunal Act 1998, ss 98(1) and 148.
Trade Practices – Misleading and deceptive conduct – Unconscionable conduct – Failure of creditor to inform debtor that the debt was statute barred – Whether misleading or deceptive conduct or unconscionable conduct – Fair Trading Act 1999, ss 7 and 9.
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APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Mr P.W. Almond QC with Mr J.D. Pizer | Minter Ellison |
| For the Respondent | Mr C.D. Johnson | Consumer Credit Legal Service |
HIS HONOUR:
This is an appeal pursuant to s 148 of the Victorian Civil and Administrative Tribunal Act 1998 from a decision of the Tribunal that the appellant pay the sum of $5,000 to the respondent. Leave to appeal was granted by the Master on 6 August 2003.
The facts
The appellant is a licensed commercial agent operating in all States and Territories of Australia. It generates at least part of its income by purchasing aged debts at a discount and then pursuing the debtors concerned for payment of at least some part of the face value of each debt.
At relevant times the respondent was unemployed and for some time before that she had only worked on a part time basis. She was living in a domestic relationship in rented premises and she had a 16 year old deaf dependent child. She did not receive any government support for her child, because he had reached the age of 16 years, and her only assets were furniture which she estimated to be worth $500 and jewellery which she estimated to be worth $200.
Years before, in 1992, she had borrowed money from AGC Ltd to purchase a motor car and she had defaulted in her payments. AGC Ltd then repossessed and sold the car but the amount recovered was insufficient to discharge all of the loan debt. I infer that the amount of the shortfall was not large. But 10 years later, by the time of the events in issue, it had grown with interest to an amount of $10,870.00.
In or about 2000, AGC Ltd sold to the appellant a tranche of aged debts that included the respondent’s debt.
On 23 April 2001 a man by the name of Peter Hempenstall telephoned the respondent at her home at approximately 6.30 in the evening and said to her that he was “calling from ALR Lawyers, phoning on behalf of our…
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- AGLC
- Collection House Ltd v Taylor [2004] VSC 49
- Case
- [2004] VSC 49
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the tribunal member's conduct amounted to a refusal of an adjournment, thereby denying procedural fairness. Additionally, the court examined whether Collection House Limited's failure to inform Taylor about the statute-barred debt constituted misleading or deceptive conduct or unconscionable conduct under the Fair Trading Act 1999. The court needed to balance the principles of natural justice and procedural fairness with the statutory obligations of the parties involved.
The court found that the tribunal member's conduct did not amount to a refusal of an adjournment, thus not constituting a denial of procedural fairness. The court also determined that Collection House Limited's failure to inform Taylor about the statute-barred debt did not constitute misleading or deceptive conduct or unconscionable conduct. Consequently, the appeal was dismissed. The court emphasised the importance of procedural fairness and the statutory requirements that govern the conduct of creditors and debtors in debt recovery processes.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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