Section 6(1)(c) of the Consumer Credit (New South Wales) Code 1995 does not require that the charge for providing credit be made by the credit provider; a charge made by a related entity in consequence of the provision of credit is sufficient. However, this question is now moot for transactions after May 2009 due to the insertion of s 10C of the Code and s 12 of the National Credit Code (Cth). Where a question of statutory construction has been resolved by subsequent legislative amendment and no other disputes raise the same question, leave to appeal will generally be refused for want of general significance.
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