Bushby v Dixon Holmes du Pont Pty Ltd [2010] NSWSC 234

Reported Decision : 78 NSWLR 111

New South Wales Supreme Court

CITATION : Bushby v Dixon Holmes du Pont Pty Ltd [2010] NSWSC 234 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 10 March 2010

JUDGMENT DATE : 26 March 2010

JURISDICTION : Equity Division

JUDGMENT OF : Rein J

DECISION : 1. Summons dismissed. 2. Plaintiff to pay the defendant's costs of the Summons.

CATCHWORDS : PROCEDURE - inferior courts - New South Wales - District Court - removal into Supreme Court - PROCEDURE - miscellaneous procedural matters - declarations - appropriate form of relief: discretion of court - futility of declaration - ESTOPPEL - promissory estoppel - whether promissory estoppel can be pleaded as an equitable defence as well as an equitable claim - whether District Court has jurisdiction to deal with promissory estoppel as an equitable defence - PROCEDURE - whether proceedings should be transferred to the Supreme Court pursuant to Civil Procedure Act s 140 due to the absence of injunctive relief for promissory estoppel, having regard to various factors relating to the utility of the claim, the availability of other remedies and relief under the Fair Trading Act and other claims, and the availability of transfer to the Supreme Court (and re-transfer to the District Court) under Civil Procedure Act s 144

Civil Procedure Act 2005 (NSW) County Courts Act 1959 (7 & 8 Eliz 2 c 22) District Court Act 1973 (NSW) LEGISLATION CITED : Fair Trading Act 1987 (NSW) Law Reform (Law and Equity) Act 1972 (NSW) Supreme Court Act 1970 (NSW) Supreme Court of Judicature Act 1873 (37 & 37 Vict c 66) Trade Practices Act 1974 (Cth)