ACCC v Esanda [2003] FCA 1225

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Facts
  • Esanda lent a consumer $15,000 to be repaid at a rate of $375 per month for 48 months
  • This was secured by a mortgage over a chattel, which was a vehicle
  • The consumer defaulted on the loan and the bank moved to repossess the vehicle
  • The repossession team humiliated the consumer’s wife at work, and took the car by trespassing on their land and pinning him to the ground
Issue
  • Was the conduct unconscionable?
Held
  • Esanda was ordered to compensate the customer.
  • They have no right to repossess it as they did not have the correct documentation
  • It did not suspend the orders to repossess the vehicle when the physical confrontation occurred
  • These two factors made the conduct unconscionable
  • They are also guilty of harassing conduct for following them and turning up at the wife’s work

Full text available: http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2003/1225.html


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