1st Fleet Pty Ltd (in liquidation) v Kingtex International Pty Ltd [2014] NSWLC 14

Local Court New South Wales

Medium Neutral Citation: 1st Fleet Pty Ltd (in liquidation) v Kingtex International Pty Ltd [2014] NSWLC 14 Hearing dates: 14/08/2013, 7/072014 Decision date: 12 August 2014 Jurisdiction: Civil Before: Magistrate Huntsman Decision: Verdict for the plaintiff Catchwords: CIVIL PROCEEDINGS - debt recovery - insolvent plaintiff - defence of equitable set-off - exclusion clauses in contract - whether terms known to defendant - evidence of usual business practice Legislation Cited: Civil Procedure Act 2005 Corporations Act 2001 (Cth) Evidence Act 1995 Cases Cited: 1st Fleet Pty Ltd (in liquidation) v Kingtex International Pty Ltd [2013] NSWLC 29 AWA Ltd v Exicom Australia Pty Ltd (1990) 19 NSWLR 705 Connor v Blacktown District Hospital [1971] 1 NSWLR 713 Equititrust Ltd & Anor v Franks [2009] NSWCA 128 Jacara Pty Ltd v Perpetual Trustees WA Ltd [2000] FCA 1886 Roadshow Entertainment Pty Ltd v ACN 053 006 269 Pty Ltd (receiver & manager appointed) (formerly Cel Home Video Pty Ltd) (1997) 42 NSWLR 462 Texts Cited: Meagher, Gummow and Lehane, 'Equity: Doctrines and Remedies' (2002, 4th ed), LexisNexis Category: Principal judgment Parties: 1st Fleet Pty Ltd (in liquidation) (plaintiff) Kingtex International Pty Ltd (defendant) Representation: A Norrie (for the plaintiff) D Currie (for the defendant) ERA Legal (for the plaintiff) T Kha, TK Legal (for the defendant) File Number(s): 2013/42442 Publication restriction: Nil