Shannon v Permanent Custodians Limited [No 2]

[2021] WASCA 119

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Consequential orders
3. › Whether Court of Appeal should determine relief or remit to trial division
4. › Unjust transaction declared on appeal
5. › National Credit Code, s 76, s 77
1. Practice and Procedure
2. › Remitter
3. › Court of Appeal seized of matter
4. › Interests of justice
5. › Minimising costs and delay
6. › Rules of the Supreme Court 1971 (WA), O 1 r 4A, O 1 r 4B
1. Consumer Credit
2. › National Credit Code
3. › Unjust transactions
4. › Reopening of transactions
5. › Consequential orders
6. › National Credit Code, s 76, s 77

Quick Take

Where a Court of Appeal has declared a transaction unjust under s 76 of the National Credit Code and is seized of the matter, it may retain the determination of consequential relief under s 77 rather than remitting to the trial division, particularly where the court has already made relevant findings and the interests of justice favour expeditious resolution. The scope of s 77 orders — specifically whether they extend to compensation for financial loss as distinct from reopening the transaction — was left open.