Tai Star 01 Pty Ltd v Linyang Holdings Pty Ltd [2023] NSWSC 1254

Supreme Court New South Wales

Medium Neutral Citation: Tai Star 01 Pty Ltd v Linyang Holdings Pty Ltd [2023] NSWSC 1254 Hearing dates: 23 October 2023 Date of orders: 25 October 2023 Decision date: 25 October 2023 Jurisdiction: Equity Before: Elkaim AJ Decision: I make the following orders: 1. On the plaintiff's notice of motion filed on 4 September 2023: (i) The defences filed on 14 August 2023 and 4 September 2023 are struck out. 2. On the defendants' notice of motion filed on 11 September 2023: (i) The defendants are not permitted to file an amended defence in the form annexed to the affidavit of Mr June Lih Edward Lin dated 8 June 2023. (ii) The defendants have leave to file an amended defence within 14 days, provided that all of the admissions as to the statement of claim contained in the current defences are repeated and the amended defence is otherwise limited to an allegation of duress in respect of the Purchase of Unit Agreement dated 24 October 2022. 3. The defendants are to pay the plaintiff's costs of both notices of motion. Catchwords: EQUITY – summary judgment sought – where defendants failed to pay monies owing under a Purchase Agreement – where duress, want of consideration and unconscionability are pleaded in a proposed amended defence Legislation Cited: Corporations Act 2001 (Cth), s 127 Uniform Civil Procedure Rules 2005 (NSW), r 13.1 Cases Cited: Australian Competition and Consumer Commission v CG Berbatis Holdings Pty Ltd (2003) 214 CLR 51; [2003] HCA 18 Australian Securities and Investment Commission v General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Australian Securities and Investment Commission v Kobelt (2019) 267 CLR 1; [2019] HCA 18 Commercial Bank of Australia v Amadio (1983) 151 CLR 447; [1983] HCA 14 Thorne v Kennedy (2017) 263 CLR 85; [2017] HCA 49 Texts Cited: Wayne Courtney, John Phillips and James O'Donovan, The Modern Contract of Guarantee (4th ed, 2020, Thompson Routers) Category: Procedural rulings Parties: Tai Star 01 Pty Ltd (Plaintiff) Linyang Holdings Pty Ltd (First Defendant) June Lih Edward Lin (Second Defendant) Representation: Counsel: Mr A Macauley (Plaintiff)