NSW Caselaw
Local Court of New South Wales
CITATION: Protector Glass Industries Pty Ltd v Southern Cross Autoglass Pty Ltd & Geoffrey James Rankine [2009] NSWLC 30
JURISDICTION: Civil
Plaintiff: Protector Glass Industries Pty Ltd PARTIES: 1st Defendant: Southern Cross Autoglass Pty Ltd 2nd Defendant: Geoffrey James Rankine
FILE NUMBER: 8480/09
PLACE OF HEARING: Downing Centre Local Court
DATE OF DECISION: 11/11/2009
MAGISTRATE: Magistrate Dillon
CATCHWORDS: Practice – Striking out Defence – Equitable defences in Local Court -- Whether equitable set-off an available Defence – Whether statutory set-off an available Defence – Whether the Defence an abuse of process
Uniform Civil Procedure Rules 2005 LEGISLATION CITED: Civil Procedure Act 2005 Law Reform (Law and Equity) Act 1972 Local Court Act 2007
Federal Commerce & Navigation Co Ltd v Molena Alpha Inc [1978] QB 927 General Steel Industries v Commissioner for Railways (NSW) (1964) 112 CLR 125 CASES CITED: Henry v Henry (1996) 185 CLR 571 Re Just Juice Corporation Pty Ltd; James v Commonwealth Bank of Australia (1992) 109 ALR 334 Roadshow Entertainment Pty Ltd v CEL Home Video Pty Ltd (in receivership) (1997) 42 NSWLR 462 Walker v Secretary, Department Of Social Security (1995) 129 ALR 198
TEXTS CITED:
REPRESENTATION: Mr A. Abadee (counsel) instructed by Hugh & Associates for Plaintiff/Applican Mr A. Fernon (counsel) instructed by Yates Beaggi Lawyers for Defendant/Respondent
Orders: ORDERS: 1. Motion dismissed. 2. Applicant to pay respondent's costs of disposal of motion fixed in sum of $1500.
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