Toyota Finance Australia Limited v Peppercorn Residential Pty Ltd (No 1)

In this matter, Toyota Finance Australia Limited applied for an adjudication of repudiating conduct by Peppercorn Residential Pty Ltd and ancillary relief. The dispute arose from an agreement to finance the purchase of a 2021 Ferrari two door coupe. Peppercorn Residential Pty Ltd, the defendant, allegedly repudiated the agreement by failing to make the required instalment payments. The case was heard in the Federal Circuit Court of Australia. The primary legal issue before the court was whether the defendant had repudiated the agreement, thereby justifying an adjudication of repudiation and ancillary orders for the repossession of the vehicle. A secondary issue was whether the court should grant an adjournment of the hearing due to the defendant's failure to serve evidence and the alleged illness of the defendant's director.

The court considered the failure of the defendant to serve any evidence and the absence of any affidavit evidence from the defendant's director. The defendant's solicitor was still on record, and the court found no justification for an adjournment. The court noted that the defendant had ample time to prepare and serve evidence but had failed to do so. The court held that the defendant's repudiating conduct was established by the failure to make the required payments, which was confirmed by the plaintiff's evidence. Consequently, the court found that the defendant had repudiated the agreement, and the plaintiff was entitled to an adjudication of repudiation and ancillary relief, including the repossession of the vehicle. The court ordered that the defendant deliver the vehicle to the plaintiff and authorised the plaintiff to repossess the vehicle if it was not delivered. Further orders were made to address costs and other incidental matters.