Product Development Solutions Australia Pty Ltd v Parametric Technology Corporation [2012] NSWCA 211

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Product Development Solutions Australia Pty Ltd v Parametric Technology Corporation [2012] NSWCA 211 Hearing dates: 10 July 2012 Decision date: 17 July 2012 Before: McColl JA; Meagher JA Decision: (1) Leave to appeal refused. (2) Applicant to pay the respondent's costs of the application. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROCEDURE - summary judgment - cross-claim alleging misleading or deceptive and unconscionable conduct - defence by way of equitable set-off - whether arguable defence Legislation Cited: Fair Trading Act 1987 Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules Cases Cited: Batistatos v Road and Traffic Authority of New South Wales [2006] HCA 27; 226 CLR 256 Forsyth v Gibbs [2008] QCA 103; [2009] 1 Qd R 403 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; 112 CLR 125 Hill Corcoran Constructions Pty Ltd v Navarro [1992] QCA 17 Hill v Ziymack [1908] HCA 13; 7 CLR 352 Rawson v Samuel (1841) Cr & Ph 161; 41 ER 451 Category: Interlocutory applications Parties: Product Development Solutions Australia Pty Ltd (Applicant) Parametric Technology Corporation (Respondent) Representation: Counsel: D C Price (Applicant) A E Maroya (Respondent) Solicitors: Henry Davis York (Applicant) Heckenberg & Koops (Respondent) File Number(s): CA 2012/147915 Decision under appeal Date of Decision: 2012-04-12 00:00:00 Before: Rolfe DCJ File Number(s): 2011/312149