Snook v London and West Riding Investments Ltd - Viewing document

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The Law Reports (Queen's Bench Division)

[1967] 2 QB 786

[COURT OF APPEAL]

SNOOK

LONDON AND WEST RIDING INVESTMENTS LTD.

1966 Oct. 7, 10
1967 Jan. 17

LORD DENNING M.R., DIPLOCK and RUSSELL JJ.

Hire-Purchase — “Actual payment” — Hire-purchase to original hirer — Refinancing agreement relating to motor car — Loan required by borrower on security of car hired — Purported sale to agents and resale to new finance company — Car let on hire-purchase to borrower — Whether “actual payment” — Whether “sham” transaction — Whether contravention of statutory order — Hire-Purchase and Credit Sale Agreements (Control) Order, 1960 (S.I. 1960 No. 762), art. 1 (1), Sch. 2, Pt. 1, paras. 2, 3.[1]

Hire-Purchase — Hire-purchase agreement — Illegality — Refinancing agreement relating to car hired — Loan required on security of car — Purported sale to agents and resale to new finance company — Car let on hire-purchase to borrower — Whether “sham” transaction — Whether figures fictitious — Whether contravention of statutory order — Whether agent's knowledge to be imputed to finance company — Hire-Purchase and Credit Sale Agreements (Control) Order, 1960, art. 1 (1), Sch. 2, Pt. 1, paras. 2, 3.[1] 787

Estoppel — Conduct, by — Contract — Refinancing agreement relating to car hired — Purported sale to agents and resale to new finance company — Car let on hire-purchase — Whether hirer estopped from denying finance company's title to car. — Sale of Goods — Property, whether passing — “Sale” — Hirer of motor car seeking finance — Purported sale to agents and resale to new finance company — New hire-purchase agreement with hirer — Whether genuine sale.

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