Management Service Australia Pty Ltd v PM Works Pty Ltd [2017] NSWSC 1743

Supreme Court New South Wales

Medium Neutral Citation: Management Service Australia Pty Ltd v PM Works Pty Ltd [2017] NSWSC 1743 Hearing dates: 03/10/2017, 4/10/2017, 05/10/2017, 06/10/2017, 09/10/2017, 10/10/2017 Date of orders: 14 December 2017 Decision date: 14 December 2017 Jurisdiction: Equity - Commercial List Before: McDougall J Decision: Proceedings dismissed. Directions for submissions on costs. Catchwords: CONTRACT – the nature of the contract and its terms – implied terms – whether the defendants breached one or more of these terms – CONTRACT – whether the parties had a right to terminate – CONTRACT – whether the defendants repudiated or breached the contract – EQUITY – the nature and extent of the equitable and fiduciary duties owed – whether the defendants breached one or more of these duties – CONSUMER LAW – whether the defendants engaged in misleading or deceptive or unconscionable conduct – whether the plaintiff suffered loss or damage because of that conduct – EVIDENCE – affidavit evidence – evidence in reply – re-opening case – where admission into evidence would be unfair to the defendants – Evidence Act 1995 (NSW) s 135 – CIVIL PROCEDURE – pleadings – amendment – late application for amendment – where leave to amend would be unfair to the defendants Legislation Cited: Competition and Consumer Act 2010 (Cth) Evidence Act 1995 (NSW) Cases Cited: Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 Jones v Dunkel (1959) 101 CLR 298 Mackay v Dick (1881) 6 App Cas 251 United Dominions Corporation Ltd v Brian Pty Ltd (1985) 157 CLR 1 Watson v Foxman (1995) 49 NSWLR 315 Category: Principal judgment Parties: Management Service Australia Pty Ltd (Plaintiff) PM Works Pty Ltd (First Defendant) Amit Banerji (Second Defendant) Representation: Counsel: F Assaf / P Strickland (Plaintiff) M Cairns / L Hulmes (Defendant)