NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Miles v Trustee for Luneburger Franchising Trust trading as Luneburger Franchising Pty Ltd [2021] NSWDC 30 Hearing dates: 3 and 5 February 2021 Date of orders: 5 March 2021 Decision date: 05 March 2021 Jurisdiction: Civil Before: Smith SC, DCJ Decision: The proceedings be dismissed with costs. Catchwords: COMMON LAW – Assignment of debt – Breach of contract – alternative findings on breach Legislation Cited: Competition & Consumer Act 2010 (Cth), Sch 2 - Australian Consumer Law Conveyancing Act 1919 (NSW), s 12 Imperial Acts Application Act 1969 (NSW), s 8(1) Cases Cited: Bakewell v Anchorage Capital Master Offshore Ltd [2019] NSWCA 199 National Mutual Property Services (Australia) Pty Ltd v Citibank Savings Ltd (1995) 132 ALR 514 Sellars v Adelaide Petroleum NL (1994) 179 CLR 332 Trendtex Trading Corporation v Credit Suisse [1982] AC 679 Whyked Pty Limited trading as Ezysend v Yahoo Australia and New Zealand Pty Limited [2006] NSWSC 650 Texts Cited: O'Donovan & Phillips, The Modern Contract of Guarantee, (online edition, Thomson Reuters) at [3.300] Category: Principal judgment Parties: Phillip Jacob Miles – Plaintiff Trustee for Luneburger Franchising Trust t/as Luneburger Franchising Pty Ltd - Defendant Representation: Counsel: Mr G Carolan - Defendant
Solicitors: Plaintiff – Self represented MCK Lawyers - Defendant File Number(s): 2019/53629 Publication restriction: Nil
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