Business Finance Pty Ltd (in liq) v Casula Projects Pty Ltd [2024] NSWSC 252

Supreme Court New South Wales

Medium Neutral Citation: Business Finance Pty Ltd (in liq) v Casula Projects Pty Ltd [2024] NSWSC 252 Hearing dates: 7, 28 September 2023 and 31 October 2023 Date of orders: 15 March 2024 Decision date: 15 March 2024 Jurisdiction: Equity - Real Property List Before: McGrath J Decision: See [153]–[154] Catchwords: CIVIL PROCEDURE — Pleadings — Striking out —Anshun estoppel — no reasonable cause of action or defence — tendency to cause prejudice, embarrassment or delay Legislation Cited: Civil Procedure Act 2005 (NSW) National Consumer Credit Protection Act 2009 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Business Finance Pty Ltd v Casula Projects Pty Ltd [2022] NSWSC 1156 Business Finance Pty Ltd v Casula Projects Pty Ltd (No 2) [2022] NSWSC 1608 Natwest Australia Bank Ltd v Boral Gerrard Strapping Systems Pty Ltd (1992) 111 ALR 631 O'Brien v Supercheap Security Pty Ltd [2023] NSWSC 21 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Timbercorp Finance Pty Ltd (in liq) v Collins (2016) 259 CLR 212; [2016] HCA 44 Tomlinson v Ramsey Food Processing Pty Ltd (2015) 256 CLR 507; [2015] HCA 28 Transport for NSW v Boensch (No 2) [2023] NSWSC 1354 Watiwat v Dixon [2017] NSWSC 360 Category: Principal judgment Parties: Business Finance Pty Ltd (Receiver and Manager Appointed) (In Liquidation) (ACN 614 700 195) (First Plaintiff/First Cross-defendant) Marcus William Ayres in his capacity as receiver and manager of Business Finance Pty Ltd (Receiver and Manager Appointed) (In Liquidation) (Second Plaintiff/Second Cross-defendant) Casula Projects Pty Ltd (Received and Manager Appointed) (ACN 618 821 837) as trustee for the GEM Family Trust (Defendant/Cross-claimant) Representation: Counsel: S Ipp (Plaintiffs/Cross-defendants) S Della Marta (Solicitor - Defendant/Cross-claimant)