Bell v Eleventh Klingon

[2025] VSCA 183

Victorian Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeal
3. › Leave to appeal
4. › New arguments on appeal
5. › Arguments not raised below which could have been subject of evidence
6. › Whether leave should be granted
7. › Coulton v Holcombe principle
1. Practice and Procedure
2. › Settlement
3. › Finality of settlement
4. › Deed of settlement compromising statutory claims
5. › Whether deed unenforceable by reason of alleged illegality of underlying agreements
6. › Distinction between compromise of dispute and contracting out of statutory rights
1. Consumer Credit
2. › National Credit Code
3. › Application of Code
4. › Presumptions relating to application
5. › Construction of s 13
6. › Whether presumption in s 13(1) can only be displaced by declaration under s 13(2)
7. › National Consumer Credit Protection Act 2009 (Cth), sch 1, ss 5(1), 13

Quick Take

The presumption in s 13(1) of the National Credit Code that a credit contract is subject to the Code can be displaced by the lender establishing to the contrary, and is not limited to displacement only by a s 13(2) declaration; a bona fide settlement deed compromising a dispute about credit contracts regulated by the Code is enforceable notwithstanding alleged illegality of the underlying agreements.