Australian Motor Homes Pty Limited v Maria’s Farm Veggies Pty Limited [2018] NSWSC 216

Supreme Court New South Wales

Medium Neutral Citation: Australian Motor Homes Pty Limited v Maria's Farm Veggies Pty Limited [2018] NSWSC 216 Hearing dates: 1 December 2017 Date of orders: 28 February 2018 Decision date: 28 February 2018 Jurisdiction: Common Law Before: Wilson J Decision: (1) The Amended Summons filed on 3 October 2017 is dismissed. (2) Subject to order (3), the plaintiff is to pay the costs of the defendant to the summons. (3) Should the defendant seek any other order for costs than that set out at (2), written submissions in support of the application are to be filed and served by 4pm on 14 March 2018. Any submissions in reply are to be filed and served by 4pm on 28 March 2018. Any application will be determined by the Court on the papers. Catchwords: COMMON LAW – APPEAL FROM THE LOCAL COURT – appeal from decision of the Local Court – nature of proceedings – money claim – whether claim equitable in nature – jurisdiction – question of test to be applied to a claim for restitution Legislation Cited: Corporations Act 2001 (Cth) Local Court Act 2007 (NSW) Personal Property Securities Act 2009 (Cth) Supreme Court Act 1970 (NSW) Cases Cited: Albanis v Eleftheriou [2014] NSWSC 416 Ceerose Pty Ltd v Building Products Australia Pty Ltd [2015] NSWSC 1886 Cho v Park [2016] NSWSC 871 Commissioner for State Revenue (Vic) v Royal Insurance Australia Ltd (1994) 182 CLR 51 Jennings v Credit Corp Australia Pty Ltd (2000) 48 NSWLR 709 Leduva Pty Ltd v NM Structural Engineering Pty Ltd [2010] NSWSC 1164 Melesco Manufacturing v Thompson (1996) 40 NSWLR 525 Palmer v Blue Circle Southern Cement [1999] NSWSC 697 Pavey & Matthews Proprietary Limited v Paul [1986 – 1987] 162 CLR 221 Roxborough v Rothmans of Pall Mall Limited (2001) 208 CLR 516 Simone v Kola (No 2) [2017] NSWSC 821 Category: Principal judgment Parties: Plaintiff – Australian Motor Homes Defendant – Maria's Farm Veggies Pty Ltd Representation: Counsel: Mr E A Walker for the plaintiff Mr D R Stack for the defendant