The plaintiffs seek relief in the nature of certiorari to quash orders made by the Magistrates’ Court at Sunshine on 28 February 2008 and 4 March 2008. In those proceedings the first named plaintiff, Brimbank Automotive Pty Ltd (“Brimbank”), and the second plaintiff, Jeffrey Moloney (“Moloney”), were defendants to a claim brought against them by the first defendant to these proceedings, Patricia Murphy (“Murphy”).

Credit – application to strike out/dismiss claim – whether Consumer Credit Code applies – whether business purpose declaration ineffective – whether doctrine of non est factum applies – relevant principles on strike out application where many aspects of claim contested – Consumer Credit (Victoria) Code ss6, 11, 70 and 176 and Sched 1;Consumer Credit (Victoria) Regulations r10; Victorian Civil and Administrative Tribunal Act 1998 s75

Contract - Agreement to provide consulting services to prepare a company for a trade sale - Whether plaintiff entitled to recover for work performed - Alleged representations constituted by plaintiffs silence on certain matters - Consultant working on project convicted of insider trading and serving a sentence of imprisonment by periodic detention - Plaintiff not the holder of an Australian financial services licence.

Credit - application to str ike out/dismiss claim - whether Consumer Credit Code applies - whether business purpose declaration ineffective - whether doctrine of non est factum applies -relevant pr inciples on str ike out application where many aspects of claim contested