In the matter of Australian Managed Print Services (VIC) Pty Limited (in liq) [2020] NSWSC 1694

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Australian Managed Print Services (VIC) Pty Limited (in liq) [2020] NSWSC 1694 Hearing dates: 23 November 2020 Date of orders: 27 November 2020 Decision date: 27 November 2020 Jurisdiction: Equity - Corporations List Before: Gleeson J Decision: Leave is granted to the plaintiffs pursuant to s 471B of the Corporations Act 2001 (Cth) to commence and proceed with the proposed further amended cross-claim against the Australian Managed Print Services (VIC) Pty Ltd (in liq) (the company) in District Court proceedings 2018/19194, substantially in the form of the pleading in Ex MK-2 to the affidavit of Michael Jonathan Kenny sworn 16 November 2020, except for the par [5] of the claims for relief and par [49] of the proposed cross-claim, on the condition that the plaintiffs do not seek to enforce any judgment against the company without further leave of the Court. Catchwords: CORPORATIONS – practice and procedure –company in liquidation plaintiff in District Court proceedings – application for leave to commence and proceed with further amended cross-claim – claims for relief under Fair Trading Act 1987 (NSW) and for mistake at common law and in equity – Corporations Act 2001 (Cth) s 471B COURTS AND JUDGES – where limited jurisdiction to determine equitable claims –claim for rescission of agreement based on mistake in equity – issue of construction – District Court Act 1973 (NSW) s 134(1)(d) – no jurisdiction to determine equitable claim for rescission – leave to commence and proceed with cross-claim granted, except in relation to equitable claim for rescission Legislation Cited: Australian Consumer Law, ss 237, 241, Sch 2 Competition and Consumer Act 2010 (Cth) Corporations Act 2001 (Cth), s 471, 471B District Court Act 1973 (NSW) s 134(1)(d) Fair Trading Act 1987 (NSW), Pt 3 Cases Cited: Alexander v Ajax Insurance Co Ltd [1956] VLR 436 Attard v James Legal Pty Ltd (2010) 80 ACSR 585; [2010] NSWCA 311 Australian Financial Services Leasing Pty Ltd v Hills Industries Ltd (2014) 253 CLR 560; [2014] HCA 14 Capita Financial Group Ltd v Rothwells Ltd (1989) 15 ACLR 348 Deputy Commissioner of Taxation v Kedwell [2019] NSWDC 610 Elegant Australia Pty Ltd v Chen [2020] NSWDC JF Keir Pty Ltd v Priority Management Systems Pty Ltd (Administrators Appointed) [2007] NSWSC 748 Kelly v Mina [2014] NSWCA 9 McDonough v Owners Strata Plan No 57504 [2014] NSWSC 1708; 17 BPR [98682] Ogilvie-Grant v East (1983) 7 ACLR Re AJ Benjamin Ltd (1969) 2 NSWLR 374 Roxborough v Rothmans of Pall Mall Australia Ltd (2001) 208 CLR 516; [2001] HCA 68 Taylor v Johnson (1983) 151 CLR 422; [1983] HCA 5 Vagrand Pty Ltd (in liq) v Fielding (1993) 10 ACSR 373 Category: Principal judgment Parties: Kay & Burton Pty Ltd (First plaintiff) Michael David Gibson (Second plaintiff) Kay & Burton (Flinders) Pty Ltd (Third plaintiff) Kay & Burton (Brighton) Pty Ltd (Fourth plaintiff) Kay & Burton (Hawthorn) Pty Ltd (Fifth plaintiff) Australian Managed Print Services (VIC) Pty Limited c/- its liquidator Mr Mark Damian Charles Roufeil of PKF Australia (Defendant) Representation: Counsel: Mr A Herskope (Plaintiffs) No appearance (Defendant)