In the matter of Prismex Technologies Pty Limited; Colin Lindsay Taggert v John Matyear [2013] NSWSC 292

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Prismex Technologies Pty Limited; Colin Lindsay Taggert v John Matyear [2013] NSWSC 292 Hearing dates: 5 & 6 February 2013 Decision date: 06 February 2013 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Interlocutory process and writ and statement of claim dismissed with costs Catchwords: PROCEDURE - Judgments and Orders - Amendment - slip rule - clerical error - Where minute of consent order did not accurately reflect intention of parties or order as pronounced PROCEDURE - Judgments and Orders -UCPR r 1.12 - whether paragraph in a minute of order was an order of the court or recorded as inter partes agreement CONTRACTS - Penalties - whether consent judgment debt can constitute a penalty - where the judgment debt exceeded maximum amount recoverable - consent judgment creates an immediate enforceable present debt - no scope for the application of the doctrine of penalties PROCEDURE - Judgments and Orders - Whether court has jurisdiction to decline to enforce judgment on equitable grounds PROCEDURE - Judgments and Orders - where consent orders create obligations on both parties - Whether party seeking to enforce judgment was in default of its obligations Legislation Cited: (Cth) Corporations Act 2001, s 237 (NSW) Supreme Court Act 1970, s 61 Cases Cited: Attwells v Marsden [2011] NSWSC 38 Coco v AN Clark (Engineers) Limited [1969] RPC 41 Harvey v Hall [1873] LR 16 Eq 324 Legione v Hateley (1983) 152 CLR 406 Mullins v Howell [1879] 11 Ch Div 763 Paino v Hofbauer (1988) 13 NSWLR 193 Purcell v FC Trigell Limited [1971] 1 QB 358 Ramsey v Ramsey [1983] FLC 91 - 301 Shiloh Spinners Limited v Harding [1973] AC 691 Texts Cited: Young, Croft & Smith (2009) On Equity, Lawbook Co Category: Interlocutory applications Parties: 2006/ 258477 John Matyear (First Plaintiff) Metage Pty Ltd (Second Plaintiff) Prismex Technologies Pty Ltd (First Defendant) Mendela Pty Ltd (Second Defendant) John Ashall (Third Defendant) Dianne Ashall (Fourth Defendant) Colin Lindsay Taggert (Fifth Defendant) X-Position Pty Ltd (Sixth Defendant) Poon Investments Pty Ltd (Seventh Defendant) Richard Daniels (Eighth Defendant)