CT Money Pty Ltd & Ors v GJ & SG Thompson (No 3) [2012] NSWSC 528

Supreme Court New South Wales

Medium Neutral Citation: CT Money Pty Ltd & Ors v GJ & SG Thompson (No 3) [2012] NSWSC 528 Hearing dates: 6, 7 and 8 February 2012: Written Submissions 5 March 2012 Decision date: 21 May 2012 Jurisdiction: Equity Division - Commercial List Before: Bergin CJ in Eq Decision: Claims in the Further Amended Statement of Claim dismissed. Catchwords: [CONTRACT] - where no contemporaneous contractual documentation evidencing any agreement between parent and subsidiary for indemnity for loss suffered by parent by reason of breach of franchisee of subsidiary - various claims to fill the "gap" in the documentation including oral agreement and written agreement post-dating the relevant events.

[AGENCY] - whether agency should be implied by reason of corporate structure to operate the business.

[TRUSTS] - whether parent and subsidiary held benefits of agreements on trust for each other. Cases Cited: CT Money Pty Ltd v GJ & SG Thompson Pty Limited (No 2) [2012] NSWSC 69 Hobart Bridges Co Ltd v Commissioner of Taxation (1951) 82 CLR 372 Smith, Stone and Knight Ltd v Birmingham Corporation [1939] 4 All ER 116 Tate v Freecorns Pty Ltd [1972] WAR 204 Tonto Home Loans Australia Pty Ltd v Tavares [2011] NSWCA 389 Category: Principal judgment Parties: CT Money Pty Ltd (1st Plaintiff) CT Franchises Pty Ltd (2nd Plaintiff) CT Lending Pty Ltd (3rd Plaintiff) GJ & SG Thompson Pty Ltd (Defendant) Representation: A Cheshire/Mr D Steirn (Plaintiffs) J O'Connor (Defendant) McLachlan Thorpe (Plaintiffs) Pigott Stinson (Defendant) File Number(s): 2011/274357