Paycorp Payment Solutions & Anor v Peter Singyin Chai & Anor [2011] NSWSC 1290

Supreme Court New South Wales

Medium Neutral Citation: Paycorp Payment Solutions & Anor v Peter Singyin Chai & Anor [2011] NSWSC 1290 Hearing dates: Friday, 14 October 2011 Decision date: 14 October 2011 Jurisdiction: Equity Division - Commercial List Before: Brereton J Decision: Motion dismissed with costs. Catchwords: PRACTICE AND PROCEDURE - Defendants apply to amend defence - application made at conclusion of plaintiff's case - defendants apply to propound defences of illegality and unclean hands - discussion of doctrine of illegality - purpose of impugned transaction of evidentiary significance not foundation of claim to establish trust - fact defences have poor prospects of success - relevant factor in considering whether to accede to it at late stage -evidence founding defences alluded to in correspondence between parties in 2010 - plaintiff's affidavit material containing evidence on which defences could have been raised available since September 2011 - amendment application made by defendants after serving of such evidence did not include defences of illegality and unclean hands - application refused. Legislation Cited: (CTH) Corporations Act, 2001 (CTH) Defence Service Homes Act, 1918 (CTH) Defence Service Homes Australia Amendment Act, 1988 (NSW) Uniform Civil Procedure Rules, (2005, r 14.18 Cases Cited: Nelson v Nelson (1995) 184 CLR 538 Category: Procedural and other rulings Parties: Paycorp Payment Solutions Pty Ltd (first plaintiff) Calcom Enterprises Pty Ltd (second plaintiff) Peter Singyin Chai (first defendant) PCI Corporation Pty Ltd (in liq) (second defendant) Representation: Counsel: Mr G A Sirtes with Mr J A Arnott (plaintiffs) Mr B F Katekar (defendants) Solicitors: Whittens Lawyers & Consultants (plaintiffs) PMF Legal (defendants) File Number(s): 2011/74065