Amcus Pty Limited v Hurst Rentals Pty Limited & Ors [2009] NSWSC 1016

New South Wales Supreme Court

CITATION : Amcus Pty Limited v Hurst Rentals Pty Limited & Ors [2009] NSWSC 1016

HEARING DATE(S) : 17 August 2009

JUDGMENT DATE : 17 August 2009

JURISDICTION : Equity

JUDGMENT OF : Slattery J at 1

EX TEMPORE JUDGMENT DATE : 17 August 2009

ORDERS: DECISION : (1) Judgment for the plaintiff against the second defendant in the sum of $322, 767. (2) Order the second defendant pay the plaintiff's costs of the proceedings incurred by the plaintiff in relation to its claim against the first and second defendants (3) Direct that the Registrar notify the Australian and New Zealand Banking Group Limited that the two undertakings identified as guarantee number 87470 in the sum of $60,000 and guarantee number 83511 in the sum of $50,000 in favour of the Court issued at the request of the customer Santana Baskar are no longer required.

CATCHWORDS : TRADE AND COMMERCE - Trade Practices Act 1974 (Cth) and related legislation - misleading and deceptive conduct - absence of development consent - contravention of Environmental Planning and Assessment Act 1979 - contravention of s 42 (1) and s 45 (1) (b) Fair Trading Act 1987 - apportionable claim under Part 4 of Civil Liability Act 2002 - no impediment under s 35 (1) (a) Civil Liability Act 2002 to judgment against the second defendant in the sum of $322,767.

Civil Liability Act 2002 Corporations Act 2001 LEGISLATION CITED : Environmental Planning and Assessment Act 1979 Fair Trading Act 1987 Trade Practices Act 1974

CASES CITED : Accounting Systems 2000 v CCH Australia (1993) 42 FCR 470 I & L Securities Pty Ltd v HTW Valuers (Brisbane) Pty Ltd (2002) 210 CLR 109