Tred Consultants Pty Ltd v Kirana Training Pty Ltd (No.3) [2021] NSWDC 161

District Court New South Wales

Medium Neutral Citation: Tred Consultants Pty Ltd v Kirana Training Pty Ltd (No.3) [2021] NSWDC 161 Hearing dates: 26 – 28 April 2021 Date of orders: 7 May 2021 Decision date: 07 May 2021 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraphs 142 - 145 Catchwords: CONTRACTS – contract for supply of vocation and education training services to Registered Training Organisation ('RTO') – payment to supplier based on funding separate funding schemes for State and federal government – money claim by supplier for unpaid invoices – construction of contract – funding paid to RTO based on proportional amounts to plaintiff – whether amounts which RTO had to 'recredit' federal government taken into account when identifying amount to be paid to supplier PRACTICE AND PROCEDURE – unsolicited written submissions supplied to Court after judgment reserved – whether leave should be granted to party to rely upon them Legislation Cited: Higher Education Support Act 2003 (Cth) s 127-18, Sch 1A cll 4.0, 6.0, 8.0, 46, 48, 56, 91 National Vocational Education and Training Regulator Act 2011 (Cth) Uniform Civil Procedure Rules 2005 (NSW) r 20.24 Cases Cited: Bellevarde Constructions Pty Ltd v CPC Energy Pty Ltd [2008] NSWCA 228 BestCare Foods v Origin Energy [2012] NSWSC 574 BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 Carr v Finance Corporation of Australia Ltd (No.1) (1981) 147 CLR 246 Chocolate Factory Apartments Pty Ltd v Westpoint Finance Pty Ltd [2005] NSWSC 784 Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd (2017) 261 CLR 544 Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640 HDI Global Speciality SE v Wonkana No.3 Pty Ltd [2020] NSWCA 296 International Air Transport Association v Ansett Australia Holdings Ltd (2008) 234 CLR 151 Mainteck Services Pty Ltd v Stein Heurtey SA (2014) 310 ALR 113 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (2015) 256 CLR 104 Simic v New South Wales Land and Housing Corporation (2016) 260 CLR 85 Super Pty Ltd v SJP Formwork (Aust) Pty Ltd (1992) 29 NSWLR 549 Tred Consultants Pty Ltd v Kirana Training Pty Ltd [2020] NSWDC 690 Tred Consultants Pty Ltd v Kirana Training Pty Ltd (No.2) [2021] NSWDC 138 Victoria v Tatts Group Ltd (2016) 328 ALR 564 Zhu v Treasurer of New South Wales (2004) 218 CLR 530 Texts Cited: Nil Category: Principal judgment Parties: Tred Consultants Pty Ltd (Plaintiff/Cross-Defendant) Kirana Training Pty Ltd (Defendant/Cross-Claimant) Representation: Counsel: Mr R McCrudden for the plaintiff/cross-defendant Dr S Baron Levi for the defendant/cross-claimant