Volkswagen Financial Services Australia Pty Ltd v Adra

Volkswagen Financial Services Australia Pty Ltd (VFSA) brought an application against Haytham Adra for orders under s 100 and s 101 of the National Credit Code in relation to Mr Adra's default on a credit facility. VFSA sought orders to enable it to repossess a vehicle, a 2019 Toyota Hilux, from Mr Adra on the basis of a default on the terms of a loan agreement and a chattel mortgage he granted to VFSA. The central legal issues were whether the National Credit Code applied to the loan given Mr Adra's declaration that the credit was for business purposes, and whether VFSA could obtain orders for entry onto premises to repossess the vehicle even if the Code did not apply.

The court found that the National Credit Code did not apply to the loan because it was for business purposes, not for personal, domestic, or household purposes. Despite the Code not applying, the court found it had jurisdiction to make orders regarding the repossession of the vehicle under the Personal Property Securities Act 2009. The court made declarations that VFSA was entitled to take possession of the vehicle and could enter specified premises to do so. The court also ordered Mr Adra to pay VFSA's costs of $3,500, reserving to VFSA the right to apply to vary that amount.

The final orders declared that VFSA was entitled to take possession of the vehicle and could enter specified premises to do so. The court ordered Mr Adra to pay VFSA's costs of $3,500, with the option for VFSA to apply to vary the amount.