Merlin Advisors Pty Limited v Coombs [2023] NSWDC 647

District Court New South Wales

Medium Neutral Citation: Merlin Advisors Pty Limited v Coombs [2023] NSWDC 647 Hearing dates: 6-8 December 2023 Date of orders: 8 December 2023 Decision date: 08 December 2023 Jurisdiction: Civil Before: Neilson DCJ Decision: I give verdict and judgment for the plaintiff against the defendant for $831,009.68. Catchwords: Commercial Law – Debt – Deed – Parties bound by recitals in Deed – Assignment of Deed – Proper Notice of Assignment of Deed to other party to Deed. Legislation Cited: Contracts Review Act 1980 Evidence Act 1995 Evidence Act 1898 Cases Cited: Labracon Pty Ltd v Cuturich [2013] NSWSC 97, [105]. Pacific Brands Sport & Leisure Pty Ltd v Underworks Pty Ltd (2006) 149 FCR 395 at 408, [42]. Texts Cited: John H. Buzzard, Richard May and M. N. Howard. Phipson on Evidence (Sweet & Maxwell, 1982). Category: Principal judgment Parties: Plaintiff – Merlin Advisors Pty Limited Defendant – Anthony Coombs Representation: Counsel: Plaintiff – Mr Smith, M.J. Defendant – Self-represented.

Solicitors: Plaintiff – Kerrs Defendant – Self-represented File Number(s): 2023/00051228 Publication restriction: Nil.

Judgment 1. HIS HONOUR: The essence of these proceedings is an action for damages for breach of contract. The plaintiff company was originally registered on 18 June 2009. Its original name was Smirk About Proprietary Limited. On 8 August 2019, that company changed its name into the name given in these proceedings as the name of the plaintiff, Merlin Advisors Proprietary Limited. At all material times, the sole director of the plaintiff company has been Mr Andrew Colin Wilkinson. As I understand it, Mr Wilkinson may also be the sole shareholder and the secretary of the plaintiff.