Canon Finance Australia Limited v Reliance Medical Practice Pty Ltd & Ors (No 3) [2018] NSWSC 1378

Supreme Court New South Wales

Medium Neutral Citation: Canon Finance Australia Limited v Reliance Medical Practice Pty Ltd & Ors (No 3) [2018] NSWSC 1378 Hearing dates: 27, 28, 29, 30, 31 August 2018 Date of orders: 31 August 2018 Decision date: 31 August 2018 Jurisdiction: Common Law Before: Campbell J Decision: Ruling at [27] Catchwords: CIVIL PROCEDURE – allegations of misleading and deceptive conduct – deficiencies in rental payment agreement – pleadings – fraud or dishonesty – specific and particular allegations – matter arising after commencement of proceedings – allegations not open on pleadings Legislation Cited: Competition and Consumer Act 2010 (Cth), s 18 Cases Cited: Dare v Pulham (1982) 148 CLR 658; [1982] HCA 70 Leotta v Public Transport Commission of NSW (1976) 50 ALJR 666 Texts Cited: Nil Category: Procedural and other rulings Parties: Reliance Medical Practice Pty Ltd trading as ATF Reliance Medical Practice Trust (First Cross-Claimant) Rodney John Beckwith (Second Cross-Claimant) Voice Print & Data Australia Pty Ltd (First Cross-Defendant) Christian Altenburg (Second Cross-Defendant) Grant Edwards (Third Cross-Defendant) BHD Leasing Pty Ltd (Sixth Cross-Defendant) Representation: Counsel: G A Moore (Cross-Claimants) A J H Morris QC with I Erskine (First and Third Cross-Defendants) A F Fernon (Second Cross-Defendant) L W Chan (Sixth Cross-Defendant)