Coffee and a Case Note

Abod v Kingston Finance [2019] NSWSC 242


Listen Later

So, when is your loan agreement void for uncertainty?  When are a contract's terms so vague that the Court can't find any real agreement between the parties?  The NSW Supreme Court  considered a loan agreement obliging the borrower to pay interest "at such times, for such periods and at such rate or rates as shall be determined by the lender from time to time": [6].  Generally, when confronted with a knotty term, Courts the Court will try to preserve the contract if possible: [9].  The term above put the "times" and "periods" when interest was to be paid - as well as the rate itself - completely in the control of the lender.  Seemingly: there's no interest unless the lender says so!  Despite this obscurity, the Court found (bearing in mind the agreement related to unsecured loans in a family trust context) the term was sufficiently certain to be enforceable: [14].  In coming to that conclusion the Court - in my respectful view, wisely - noted the likelihood that parties to a contract of this sort might "sit down with (their) accountant" to work out the interest payments on the basis of reasonableness.  We find, perhaps as always: accountants to the rescue!


Hope you get some value from this episode!

...more
View all episodesView all episodes
Download on the App Store

Coffee and a Case NoteBy James d'Apice

  • 5
  • 5
  • 5
  • 5
  • 5

5

2 ratings


More shows like Coffee and a Case Note

View all
Newshour by BBC World Service

Newshour

1,067 Listeners

Law Report by ABC Australia

Law Report

21 Listeners

Conversations by ABC Australia

Conversations

897 Listeners

All In The Mind by ABC Australia

All In The Mind

759 Listeners

The Economy, Stupid by ABC Australia

The Economy, Stupid

29 Listeners

Politics Now by ABC Australia

Politics Now

91 Listeners

NAB Morning Call by Phil Dobbie

NAB Morning Call

20 Listeners

Lawyers Weekly Podcast Network by Momentum Media

Lawyers Weekly Podcast Network

1 Listeners

If You're Listening by ABC Australia

If You're Listening

351 Listeners

FT News Briefing by Financial Times

FT News Briefing

684 Listeners

The Story of Money by Financial Times

The Story of Money

232 Listeners

Full Story by The Guardian

Full Story

183 Listeners

15 Minutes with the Boss by The Australian Financial Review

15 Minutes with the Boss

10 Listeners

Chanticleer by Australian Financial Review

Chanticleer

22 Listeners

The Fin by Australian Financial Review

The Fin

20 Listeners