Carmichael Fisher International Pty Limited v Hobday [2022] NSWSC 1351

Supreme Court New South Wales

Medium Neutral Citation: Carmichael Fisher International Pty Limited v Hobday [2022] NSWSC 1351 Hearing dates: 22 and 23 August 2022, 21 October 2022 Date of orders: 10 and 21 October 2022 Decision date: 21 October 2022 Jurisdiction: Common Law Before: Wright J Decision: (1) Judgment for the Plaintiff against the Defendant in the sum of £(GBP)769,063.91, being: (a) £539,098.00 in principal; and (b) £229,965.91 in interest to the date of judgment. (2) The Cross Claim is dismissed. (3) The Defendant/Cross Claimant is to pay the Plaintiff's and the First and Second Cross Defendants' costs of and incidental to these proceedings on the indemnity basis. (4) The parties have liberty to apply for the purposes of properly finalising the relationships between the parties arising out of the Share Sale Agreement and any steps that may need to be taken in that regard. Catchwords: CONSUMER LAW – Misleading and deceptive conduct – Cross-claim – Whether particular clauses of share sale agreement invalid on the basis of misleading and deceptive conduct – No invalidity CONSUMER LAW – Unconscionable conduct – Cross-claim – Whether particular clauses of share sale agreement invalid on the basis of unconscionable conduct – No invalidity CONSUMER LAW – Enforcement – Whether debt owed under share sale agreement – Payment of a liquidated sum – No appearance by defendant – Defendant submitted to orders of the Court – Judgment for the plaintiff Legislation Cited: Australian Securities and Investments Commission Act 2001 (Cth), s 12CB Civil Procedure Act 2005 (NSW), s 98 Competition and Consumer Act 2010 (Cth), Sch 2 – Australian Consumer Law, ss 18, 20 Uniform Civil Procedure Rules 2005 (NSW), rr 36.16, 42.5 Category: Principal judgment Parties: Carmichael Fisher International Pty Limited (Plaintiff/Cross-Defendant) Justin Magnus Hobday (Defendant/Cross-Claimant) Representation: Counsel: JJ Young with A Lim (Plaintiff/Cross-Defendant) Unrepresented (Defendant/Cross-Claimant)