Flexirent Capital Pty Limited v Kay & Burton Pty Ltd as Trustee for the K&B Unit Trust ABN 64 060 949 539 [2020] NSWDC 479

District Court New South Wales

Medium Neutral Citation: Flexirent Capital Pty Limited v Kay & Burton Pty Ltd as Trustee for the K&B Unit Trust ABN 64 060 949 539 [2020] NSWDC 479 Hearing dates: 31 July 2020 3 August 2020 Date of orders: 3 August 2020 Decision date: 03 August 2020 Jurisdiction: Civil Before: Montgomery DCJ Decision: 1 Pursuant to Rule 6.24 of the Uniform Civil Procedure Rules 2005 (NSW), Australian Managed Print Services (Vic) Pty Ltd (in liquidation) be added as a party to the proceedings as second plaintiff. 2 Pursuant to Section 64 of the Civil Procedure Act 2005 (NSW), leave is granted to file an Amended Statement of Claim in the form exhibited to the Affidavit of Phillip Noel Parker dated 9 June 2020, on or before 17 August 2020. 3 Costs of the Motion be costs in the cause. 4 I note the concession of the plaintiffs to forgo recovery in an amount in excess of the jurisdiction of this Court. Catchwords: Mercantile Law – Breach of Contract – Leave to Proceed by Amended Statement of Claim – Leave to Add a Company in Liquidation as a Plaintiff – Corporations Act 2001 (Cth), s 471B – Jurisdiction of the District Court of New South Wales Legislation Cited: Civil Procedure Act 2005 (NSW) ss 54, 56, 58, 64, 73 Corporations Act 2001 (Cth) s 471B Cases Cited: Nowlan v Marson Transport Pty Limited [2001] 53 NSWLR White v Overland [2001] FCA 1333 Texts Cited: Precedents of Pleadings by Bullen & Leake and Jacobs Category: Procedural and other rulings Parties: Flexirent Capital Pty Limited (Plaintiff)