determining the "supplier"

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nose

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27 November 2015
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Is a payment made by bank cheque to J& S Jones for a purchase considered the same as J&S Jones PTY LTD if both or one of the persons is director of the company? Just trying to determine under consumer law if the vendor is a "supplier" as defined in s79D of the Act, as the cheque was not made to PTY LTD?
If not, if the cheque was banked into the company would that stand suffice as evidence that the vendor was the company and thus a "supplier" as defined by the Act?
 

Rob Legat - SBPL

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What are you actually trying to find out? Who the cheque is made out to doesn’t affect who the supplier is.
 

nose

Well-Known Member
27 November 2015
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What are you actually trying to find out? Who the cheque is made out to doesn’t affect who the supplier is.
The Tribunal has said an issue in proceedings will be whether the application is a "consumer claim" as defined in s79E, In particular whether the vendor is a "supplier" as defined in s79D.
The vendor never supplied an invoice in writing just asked by phone text to supply a bank cheque to J & S Jones which was done and a receipt was asked for. The receipt came back as S & J Jones . Now the problem is that there are different ABNs for each of those entities, one being a family partnership, the other a PTY LTD. I am assuming the PTY LTD, the J & S Jones, can only be the supplier as it is carrying on a business?
or otherwise how to prove that the vendor was a "supplier" to satisfy the Tribunal.
I have asked the bank to supply me information of where the bank cheque was deposited but they say can't due to privacy law and they may not have that info in detail. Is it right to ask the other party to supply a copy of where the bank cheque was deposited into to ascertain if it was PTY LTD? It coudl also just be that they have an account in personal names and it was deposited there which then may exclude them form being a "supplier"
 

Rod

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What was the business that advertised the goods that you bought?

You may be able to seek discovery to find where the money went. If the other party won't supply that information ask the tribunal for an order to produce the requested information from either the other party or the bank.
 

Rob Legat - SBPL

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The default position would be whoever issued the receipt is the supplier. Start from there.
 
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