24 November 2017

Finance: Export Finance v. Mellsop

Internationally renowned aquarium builder Ian Mellsop was ordered to pay $320,500 to financier Export Finance after director Greg Fitzimmons finally lost patience.  Refinancing Mellsop’s business was abused, he said, when a mere $3000 was paid down on escalating business debt at a time when Mr Mellsop spent tens of thousands repairing his boat.
The High Court was told Export Finance Ltd assisted Mr Mellsop in his construction of a new aquarium in Chennai and facilitated the sale of his shares in a Thai aquarium.  Mr Fitzsimmons took an accommodating approach to Mr Mellsop’s ongoing indebtedness.  Three successive deeds with Export Finance were signed by Mr Mellsop and his companies acknowledging debts due and agreeing to repayment schedules.  Each time repayments were not fully met.  The third and final deed was signed in 2014.  Three years later Export Finance sued to recover its money.  Mr Mellsop said there was an oral agreement to further delay payment and to cap the amount owing.  He further said 25 per cent interest charged on the debt was oppressive, in breach of the Credit Contracts and Consumer Finance Act.
Associate judge Sargisson said it was inherently implausible that a vague and imprecise alleged oral agreement existed to contradict their written contract.  A default interest rate of 25 per cent was not oppressive, she said.  They are experienced business people.              
Export Finance Ltd v. Mellsop – High Court (24.11.17)

18.010