NSW Caselaw
New South Wales Supreme Court
CITATION : Whyked Pty Limited trading as Ezysend v Yahoo Australia and New Zealand Pty Limited [2006] NSWSC 650
HEARING DATE(S) : 2 and 19 June 2006
JUDGMENT DATE : 30 June 2006
JUDGMENT OF : Bergin J
DECISION : Summary Dismissal refused. Paragraphs 12 to 27 of the Commercial List Statement are struck out.
CATCHWORDS : [SUMMARY DISMISSAL/ STRIKE OUT] Application for summary dismissal of the proceedings on the basis that the assignment to the plaintiff by which it purports to bring the proceedings was prohibited by contract and/or ineffective - whether plainitff has "genuine commercial interest" in relation to action for damages for breach of contract.
LEGISLATION CITED : Fair Trading Act 1987 Trade Practices Act 1974 (Cth)
Don King Productions Inc v Warren & Ors [2000] Ch 291 Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd [1994] 1 AC 85 Monk v Australia and New Zealand Banking Group Ltd (1994) 34 NSWLR 148 CASES CITED : National Mutual Property Services (Australia) Pty Ltd v Citibank Savings Ltd 132 ALR 514 Pacific Brands Sport & Leisure Pty Ltd v Underworks Pty Ltd [2006] FCAFC 40 Poulton v The Commonwealth (1953) 89 CLR 540 Trendtex Trading Corporation v Credit Suisse [1982] AC 679
PARTIES : Whyked Pty Limited t/as Ezysend - Plaintiff/ Respondent Yahoo Australia and New Zealand Pty Limited - Defendant/ Applicant
FILE NUMBER(S) : SC 50044/06
COUNSEL : Mr P King - Plaintiff/ Respondent Mr DB Studdy - Defendant/ Applicant
SOLICITORS : Russell McLelland Brown - Plaintiff/ Respondent Gilbert + Tobin - Defendant/ Applicant
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