Czernyszow v Abbott

[2019] WASCA 212

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Australian Consumer Law
2. › Lay-by agreements
3. › Definition of lay-by agreement
4. › Whether agreement providing for deposit and balance became lay-by agreement through acceptance of late part-payments
5. › Whether terms of agreement or actual payments determinative
6. › Competition and Consumer Act 2010 (Cth), sch 2, s 96(3)
1. Contract
2. › Variation
3. › Whether acceptance of late part-payments constituted variation of payment terms
4. › Whether mere forbearance by creditor amounts to variation of contract

Quick Take

An agreement for the purchase of goods providing for a deposit and a single balance payment does not become a lay-by agreement under s 96(3) of the Australian Consumer Law merely because the buyer defaults and the seller accepts multiple late part-payments. The terms of the agreement, not the number of payments actually made, are determinative of whether the statutory definition is satisfied.

Case Details

Citation[2019] WASCA 212

CourtWASCA

JurisdictionWestern Australia

Unlock so much more with Barrister AI

The full text is available to signed-in members.

Relies on5

2016Australia and New Zealand Banking Group Ltd v ManassehWASCA 41
2003GEC Marconi Systems Pty Limited v BHP Information Technology Pty LimitedFCA 50
2000Commissioner of Taxation v Sara Lee Household & Body CareHCA 35
1957Tallerman & Co Pty Ltd v Nathan's Merchandise (Vic) Pty LtdHCA 10
and 1 more after sign-in

Create free account

Already have an account? Sign in