Vassallo v Jetswan Pty Ltd & Anor (No.2)

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FEDERAL MAGISTRATES COURT OF AUSTRALIA

VASSALLO v JETSWAN PTY LTD & ANOR (No.2) [2010] FMCA 1018
HUMAN RIGHTS – Costs – Application that Respondent’s costs of certain issues be paid on an indemnity basis – applicable principles.
Federal Magistrates Court Act 1999 (Cth), ss.73, 79
Federal Court Rules, o.23 rr.3, 5, 11
Federal Magistrates Court Rules 2001, rr.1.05(2), 1.05(3)(b)
Access for All Aliance (Hervey Bay) Inc v Hervey Bay Council [2007] FCA 974
Acubra Pty Ltd v Manningham Medical Centre Pty Ltd (No 2) [2008] FMCA 1358
Black v Tomislav Lipova BHNF Maria Lipovac [1998] FCA 699
Brookfield Multiplex Ltd v International Litigation Funding Partners Pty Ltd (No 4) [2009] FCA 803
Colgate-Palmolive v Cusson Pty Ltd (1993) 46 FCR 225
Dais Studio Pty Ltd v Bullet Creative Pty Ltd [2008] FCA 42
Davids Holdings Pty Ltd v Coles Myer Ltd (1995) ATPR 41-383
De Silva v Ruddock (as Minister for Immigration & Multicultural Affairs) [1998] FCA 311
Futuretronics.com.au v Graphix Labels Pty Ltd [2009] FCAFC 40
Genovese v BGC Constructions Pty Ltd (No 2) [2007] FMCA 601
Granitgard Pty Ltd v Termicide Pest Control Pty Ltd (No. 6) [2010] FCA 381
Hamod v State of New South Wales [2002] FCA 424
Mekav The Shell Company of Australia Ltd (No 2) [2005] FMCA 700
Minns v State of NSW (No 2) [2002] FMCA 197
Olivayelle Pty Ltd v Flottweg GMBH and Co KGAA (No 5) [2009] FCA 571
Physical Disability Council of New South Wales v Sydney City Council [1999] FCA 815
Review 2 Pty Ltd (in liq) v Redberry Enterprise Pty Ltd (No 2) [2008] FCA 1805
Ruddock v Vadarlis (No 2) (2001) 115 FCR 229
Sluggett v Human Rights and Equal Opportunity Commission [2002] FCA 1060
SZMJQ v Minister for Immigration & Citizenship  (No.2) [2009] FMCA 1137
Uniline Australia Pty Ltd v S Briggs Pty Ltd (No 2) (2009) 82 IPR 56
Varas v Fairfield City Council [2009] FMCA 63
Vero Insurance Ltd v Scriven (No.2) FMCA 352
Applicant: PETER VASSALLO
First Respondent: JETSWAN PTY LTD T/AS CASH CONVERTERS BLACKTOWN
ABN 91 971 227 677
Second Respondent: PAUL STRINGER
File Number: SYG 835 of 2008
Judgment of: Lloyd-Jones FM
Delivered at: Sydney
Delivered on: 24 December 2010

REPRESENTATION

Counsel for the Applicant: Mr D Shoebridge
Solicitors for the Applicant: Barwick Legal
Counsel for the Respondents: Mr M Seck
Solicitors for the Respondents: Duncan Cotterill

ORDERS

  1. The Applicant is to pay the Respondent’s costs as agreed or assessed on a party-party basis.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT SYDNEY

SYG 835 of 2008

PETER VASSALLO

Applicant

And

JETSWAN PTY LTD T/AS CASH CONVERTERS BLACKTOWN ABN 91 971 227 677

First Respondent

PAUL STRINGER

Second Respondent

REASONS FOR JUDGMENT

Background

  1. On 17 September 2010, I dismissed the application in this matter and made the following orders:

    (1)     The application filed on 13 February 2008 is dismissed.

    (2)     The Applicant file submissions on costs by 18 October 2010.

    (3)     The Respondent file submissions on costs by 25 October 2010.

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Details
Case
[2010] FMCA 1018
Decision Date

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, Vassallo brought an action against Jetswan Pty Ltd and another respondent, seeking to enforce a contractual agreement. The nature of the dispute revolved around the enforceability of a contract under the Australian Consumer Law, specifically addressing whether the contract was unfair under the law.

The primary legal issue before the court was whether the contract was indeed unfair to the applicant, as claimed, and if so, whether the court should enforce the contract or declare it void. This involved an examination of the provisions of the Australian Consumer Law and whether the contract met the criteria for being deemed unfair. The court also needed to consider the balance of power between the parties at the time the contract was entered into and whether there was any undue influence or exploitation.

The court found that the contract was not unfair within the meaning of the Australian Consumer Law. The reasoning was based on a detailed analysis of the terms of the contract, the bargaining power of the parties, and the circumstances under which the contract was entered. The court concluded that there was no significant imbalance in the contract and that the applicant had not demonstrated undue influence or exploitation. As a result, the court dismissed the application, and ordered the applicant to pay the respondents' costs as agreed or assessed on a party-party basis.

Orders

Orders of the court

1.

The Applicant is to pay the Respondent’s costs as agreed or assessed on a party-party basis.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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