Recoveries Corporation Group Ltd v American Express Australia Ltd [2016] NSWSC 771

Supreme Court New South Wales

Medium Neutral Citation: Recoveries Corporation Group Ltd v American Express Australia Ltd [2016] NSWSC 771 Hearing dates: 18, 19, 20, 21, 22 April 2016 Date of orders: 15 June 2016 Decision date: 15 June 2016 Jurisdiction: Equity - Commercial List Before: Emmett AJA Decision: 1) Direct that each of the parties, within 14 days, make any submissions in writing it wishes to make in the light of the reasons given for the conclusions reached. 2) Direct that, if no further submissions are made, the plaintiffs, within 21 days, bring in short minutes of orders to give effect to the conclusions reached. 3) Direct that the defendant, within 7 days thereafter, make any submissions in writing it wishes to make if it contends that the plaintiffs are not entitled to the usual order for costs and that the plaintiffs respond in writing within a further 7 days. Catchwords: CONTRACT – termination of contract – whether plaintiff entitled to payment of commission following termination – where services performed prior to termination date

CONTRACTS – construction and interpretation of contracts – whether entitlement arises as an express term of contract – alternatively, whether there is an implied term in the contract – whether services were the effective cause of payments

DAMAGES – whether specific performance of contract appropriate – unjust enrichment – restitution Legislation Cited: Australian Consumer Law Civil Procedure Act 2005 (NSW) Competition and Consumer Act 2010 (Cth) Corporations Act 2001 (Cth) Cases Cited: FPM Constructions Pty Ltd v Council of the City of Blue Mountains [2005] NSWCA 340 McDonald v Dennys Lascelles Ltd (1933) 48 CLR 457 Norman v Federal Commissioner of Taxation (1963) 109 CLR 9 Shepherd v Commissioner of Taxation (1965) 113 CLR 385 Westralian Farmers Ltd v Commonwealth Agricultural Service Engineers Ltd (in liq) (1936) 54 CLR 361 Category: Principal judgment Parties: Recoveries Corporation Group Ltd (First Plaintiff) Recoveries Corporation Pty Ltd (Second Plaintiff) American Express Australia Ltd (Defendant) Representation: Counsel: RPV Carey (Plaintiffs) TJ Hancock/JRB Pearson (Defendant)