Jim's Group Pty Ltd v Quindar Pty Ltd [2014] NSWSC 647

Supreme Court New South Wales

Medium Neutral Citation: Jim's Group Pty Ltd v Quindar Pty Ltd [2014] NSWSC 647 Hearing dates: 21 May 2014 Decision date: 21 May 2014 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) The appeal be allowed. (2) The orders made by the Local Court on 19 June 2013 in proceedings number 108660/12 be set aside. (3) The matter be remitted to the Local Court to be determined in accordance with these reasons. (4) The defendant pay the plaintiff's costs of the proceedings in the Supreme Court. Catchwords: APPEAL FROM LOCAL COURT - franchise agreements - master franchise - business consists of right to sell franchises - right to compensation on termination of master franchise - whether amount of compensation includes sale proceeds of three franchises - set-off - whether Local Court can set-off judgment debt determined in separate proceedings against amount owing on claim it determines - notice of contention - relevance to appeal from Local Court restricted to question of law - scope of remittal. Legislation Cited: - Civil Procedure Act 2005 (NSW), s 3(1), s 21 - Contracts Review Act 1980 (NSW) - Law Reform (Law and Equity) Act 1972 (NSW), s 6 - Local Court Act 2007 (NSW), s 39 to s 41 - Primary Legislation (Statutes of Set-Off) (1729) 2 Geo II, c 22; (1735) 8 Geo II, c 24. Cases Cited: - Grant v Easton (1883) 13 QBD 302 - Ken Wolf Real Estate Pty Ltd v O'Halloran [2012] NSWSC 993 - Lahoud v Lahoud [2012] NSWSC 284 Texts Cited: - Rory Derham, Derham on the Law of Set-Off (Oxford University Press, 4th ed, 2010) Category: Principal judgment Parties: Jim's Group Pty Ltd (Plaintiff/Appellant) Quindar Pty Ltd (Defendant/Respondent) Representation: Counsel: N.A. Cotman SC, J.K. Meredith (Plaintiff/ Appellant) P.M. Barham (Defendant/Respondent) Solicitors: Harpreet Hayer (in house counsel for Plaintiff/Appellant) Somerville Legal (Defendant/Respondent) File Number(s): 2013/216313