Nelson v BMW Australia Finance Ltd

[2009] WASCA 13

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Hire-Purchase
2. › Repossession of goods
3. › Fourth Schedule notice
4. › Owner's estimate of arrears
5. › Whether owner may estimate amount of arrears of instalments
6. › Whether overstatement of arrears renders notice invalid
7. › Hire-Purchase Act 1959 (WA), ss 13, 15, Fourth Schedule
1. Appeal
2. › Interlocutory appeals
3. › Leave to appeal
4. › No merit in proposed grounds
5. › No new point of law
6. › District Court of Western Australia Act 1969 (WA), s 79(1)(b)
1. Practice and Procedure
2. › Amendment of pleadings
3. › Leave to amend statement of claim
4. › Amendment admitting opponent's contention
5. › No prejudice

Quick Take

The word 'estimate' in the Fourth Schedule of the Hire-Purchase Act 1959 (WA) permits the owner to estimate all component amounts required to reinstate the agreement, including arrears of instalments. An overstatement of arrears in the Fourth Schedule notice does not render the notice invalid under s 13(4), which operates only where no notice is served at all.

Case Details

Citation[2009] WASCA 13

CourtWASCA

JurisdictionWestern Australia

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Relies on2

2008BMW Australia Finance Limited v NelsonWADC 84
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