The Trust Company (PTAL) Pty Ltd v Romeo (No 3) [2013] NSWSC 347

Supreme Court New South Wales

Medium Neutral Citation: The Trust Company (PTAL) Pty Ltd v Romeo (No 3) [2013] NSWSC 347 Hearing dates: 28 February 2013 Decision date: 16 April 2013 Jurisdiction: Common Law Before: Button J Decision: (1) The notice of motion filed 11 January 2013 is dismissed. (2) The plaintiffs are to pay the costs of the second defendant on the motion. Catchwords: PRACTICE AND PROCEDURE - application for summary judgment - Contracts Review Act defence pleaded - difficulties with defence identified - Contracts Review Act claim not doomed to failure - application refused Legislation Cited: Competition and Consumer Act 2010 (Cth) Contracts Review Act 1980 Uniform Civil Procedure Rules 2005 Cases Cited: Commercial Banking Co of Sydney Ltd v Pollard [1983] 1 NSWLR 74 Commonwealth Bank of Australia v Tarrant [2011] NSWSC 1087 Perpetual Trustee v Khoshaba [2006] NSWCA 41 Perpetual Trustee Australia Limited v Romeo [2011] NSWSC 1116 Perpetual Trustee Australia Limited v Romeo (No. 2) [2011] NSWSC 1190 Romeo v The Trust Company (PTAL) Ltd [2012] NSWCA 62 Martinez v Heavy Machinery Pty Ltd [2013] NSWSC 340 Shaw v State of New South Wales [2012] NSWCA 102 Category: Interlocutory applications Parties: The Trust Company (PTAL) Pty Ltd (Formerly known as Permanent Trustee Australia Limited) (applicant/P1) Balmain Fund Administration Ltd (applicant/P2) Giuseppe Romeo (respondent/D1) Representation: Counsel: R I Bellamy (applicants) C P O'Neill (respondent) Solicitors: Norton Rose Australia (applicants) Dettman Longworth Lawyers (respondent) File Number(s): 2010/83709