Finance contracts7 Mar 2025 12:31
I have been reviewing some historical Close finance contracts (as previously mentioned I have an interest in an automotive dealer and have personally dealt with processing of these in the past).
As stated in the Hopcraft case - certainly in the era of 2014 there was no mention of commission payable to the dealer (broker). This element is why the CoA concluded this was a secret commission.
In my opinion, this actually gives CBG an advantageous position in defence, when compared to the half-secret findings in the Firstrand cases.
It must be noted that CBG, atleast from my experience, did not pay the dealer (broker) a separate agency / introduction fee, nor did the customer (car buyer). So this element in itself cotradicts the Disinterested Duty which the CoA has imposed on CBG in the aspect of the 'secrect commission' cases. CBG did not ackowledge there was as a disinterested duty from the dealer to the customer, because they did not make note of a commission in the document packs. Where as Firstrand, by writing in to their contract that a commission may be paid, went half-way to acknowledging this relationship.
This is of course in addition to the flawed requirements for the dealer actually owing a disinterested duty to begin with. No logicially minded court can argue that this would be the case, given the finance is simply an extension of the car sale, which clearly is for profit and purely for the interests of the dealer. Without the agency fee being paid to the dealer, I truly do not see how it can be argued that this loyalty existed or was expected.
I know this has been touched on several times mainly by Knots insightful posts, but frankly the more you read and study the realities, the more you have to say the CoA ruling is totally illogicial and not supported by law as we know it.