Consumer credit – Precontractual disclosure - Contracts regulated by the Consumer Credit (Victoria) Code ("the Code") - Loans to consumers for payment of seminar fees - "Holdback" arrangement between the credit provider and seminar suppliers by which the credit provider retained for itself a portion of the moneys advanced - Whether, for the purposes of s 15(B)(a)(ii) of the Code, the holdbacks were part of "the amount of credit" and "amounts payable", and whether the credit provider was one of the "persons, bodies or agents (including the credit provider)" to whom the amount of credit was to be paid - Relevance of the legislative purpose of providing information to debtors - Relevance of "truth in lending" considerations.
Statutes – Interpretation - Purposive interpretation - Ascertaining legislative purpose.
Words and phrases – "amount of credit", "holdback", "precontractual disclosure", "truth in lending".
Consumer Credit (Victoria) Code (Vic) – s 15.
Judgment date
Case number
M53/2007
Before
Gleeson CJ, Gummow, Kirby, Hayne, Crennan JJ
Catchwords