Damien v Combined Home Loans Pty Limited [2016] NSWSC 559

Supreme Court New South Wales

Medium Neutral Citation: Damien v Combined Home Loans Pty Limited [2016] NSWSC 559 Hearing dates: 27, 28 April 2016 Date of orders: 28 April 2016 Decision date: 28 April 2016 Jurisdiction: Equity Before: Darke J Decision: 1. That leave be granted to the plaintiff pursuant to s 471B of the Corporations Act 2001 (Cth) to proceed against Combined Home Loans Pty Limited (in liquidation) on its claims in these proceedings.

2. That recital A to the deed made on 15 August 2012 between Combined Home Loans Pty Limited and Timothy Mark Damien be rectified by deleting the words "Rinaldi Lawyers" and inserting instead the words "Mr Guy Rinaldi." Catchwords: EQUITY – rectification – assignment of chose in action – whether deed of assignment failed to give effect to common intention of parties – whether requisite common intention sufficiently proved Legislation Cited: Corporations Act 2001 (Cth), s 471B Cases Cited: Franklins Pty Limited v Metcash Trading Limited [2009] NSWCA 407; (2009) 76 NSWLR 603 Newey v Westpac Banking Corporation [2014] NSWCA 319 Ryledar Pty Limited v Euphoric Pty Limited [2007] NSWCA 65; (2007) 69 NSWLR 603 Category: Principal judgment Parties: Timothy Mark Damien (Plaintiff) Combined Home Loans Pty Limited (First Defendant) Stephen John Michell as Liquidator of Combined Home Loans Pty Limited ACN 090 379 374 (in liquidation) (Second Defendant) Representation: Counsel: Mr HMW Stitt (Plaintiff) Mr I Leong (Defendants)