Federal Court of Australia
Federal Court of Australia
SMBC Leasing and Finance, Inc v Flexirent Capital Pty Ltd (No 2) [2022] FCA 1597 File number: NSD 542 of 2022
Judgment of: LEE J
Date of judgment: 20 December 2022
Date of publication of reasons: 12 January 2023
Catchwords: CONTRACTS – construction of commercial agreements – consideration of relevant principles – proper construction of master receivables and acquisition servicing agreement and supplementary deed – whether proper construction of agreements requires provision of documents upon title perfection event EQUITY – specific performance – declaratory relief – consideration of relevant principles – distinction between declarations and order for specific performance – distinction between equitable declaration and declaration in relation to a legal right – where lack of precision as to form of relief sought – relief refused
Legislation: Evidence Act 1995 (Cth) s 191 Federal Court of Australia Act 1976 (Cth) s 37P(2) Federal Court Rules 2011 (Cth) r 7.23 Judicature Act 1873 (UK)
Cases cited: Australian Broadcasting Commission v Australasian Performing Right Association Limited (1973) 129 CLR 99 Bass v Permanent Trustee Company Limited [1999] HCA 9; (1999) 198 CLR 334 Cherry v Steele-Park [2017] NSWCA 295; (2017) 96 NSWLR 548 Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd [2017] HCA 12; (2017) 261 CLR 544 Electricity Generation Corporation v Woodside Energy Ltd [2014] HCA 7; (2014) 251 CLR 640 Mount Bruce Mining Pty Limited v Wright Prospecting Pty Limited [2015] HCA 37; (2015) 256 CLR 104 SMBC Leasing and Finance, Inc v Flexirent Capital Pty Ltd [2022] FCA 1393 Szepesvary v Weston (as trustee of the bankrupt estate of Szepesvary) [2018] FCAFC 224; (2018) 363 ALR 379 TCN Channel 9 Pty Ltd v Hayden Enterprises Pty Ltd (1989) 16 NSWLR 130 Unsworth v Commissioner for Railways (1958) 101 CLR 73 Wilkie v Gordian Runoff Limited [2005] HCA 17; (2005) 221 CLR 522 Workers' Compensation Board (Qld) v Technical Products Pty Ltd (1988) 165 CLR 642 Zhu v Treasurer of the State of New South Wales [2004] HCA 56; (2004) 218 CLR 530
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