Comix (Asia) Limited v Bantex Pty Ltd [2018] NSWSC 47

Supreme Court New South Wales

Medium Neutral Citation: Comix (Asia) Limited v Bantex Pty Ltd [2018] NSWSC 47 Hearing dates: 27 November 2017 Decision date: 09 February 2018 Jurisdiction: Common Law Before: N Adams J Decision: (1) The plaintiff's notice of motion dated 4 July 2017 is dismissed. (2) The defendant has leave to file an amended defence by 9 March 2018. (3) That each party pay its own costs. Catchwords: PRACTICE AND PROCEDURE – application for summary judgment under UCPR r 13.1(1) – whether triable issue – whether triable defence of equitable set-off – whether triable defence under s 54 of the Sale of Goods Act 1923 (NSW) Legislation Cited: Civil Procedure Act 2005 (NSW) Sale of Goods Act 1923 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Active Adult Management Pty Ltd v Milstern Retirement Living [2017] NSWSC 1238 Hawes v Dean [2014] NSWCA 380 Hill v Zymack (1908) 7 CLR 352; [1908] HCA 13 HP Mercantile Pty Ltd v Dierickx [2013] NSWCA 479 Lord v Direct Acceptance Corporation Ltd (Receiver and Manager Appointed) (in liq) (1993) 32 NSWLR 362 Morgan & Sons Ltd v S Martin Johnson & Co Ltd [1949] 1 KB 107 Rawson v Samuel (1841) Cr & Ph 161; 41 ER 451 State of New South Wales v Williams (2014) 242 A Crim R 22; [2014] NSWCA 177 Category: Procedural and other rulings Parties: Comix (Asia) Limited (Plaintiff) Bantex Pty Ltd (Defendant) Representation: Counsel: Mr R A Parsons (Plaintiff) Mr M Klooster (Defendant)