Moneytech Finance Pty Ltd v Diamond Made Pty Ltd (in Liquidation) and ors [2019] NSWSC 259

Supreme Court New South Wales

Medium Neutral Citation: Moneytech Finance Pty Ltd v Diamond Made Pty Ltd (in Liquidation) and ors [2019] NSWSC 259 Hearing dates: 11 and 12 March 2019 Decision date: 14 March 2019 Jurisdiction: Common Law Before: N Adams J Decision: (1) Judgment for the sixth defendant. (2) Costs reserved. Catchwords: CONTRACTS – formation – where commercial lease provided a landlord's incentive for fit-out – whether tenant acted as agent of landlord in entering a contract with contractor to fit-out leased premises – where factoring arrangement provided financing to contractor – where creditor advanced funds to contractor in exchange for unpaid invoices being assigned to its special purpose vehicle – whether valid contract between tenant as agent for landlord and the contractor – whether contract ratified – whether landlord liable to pay creditor as disclosed agent for tenant

CIVIL PROCEDURE – application by defendant for judgment for want of evidence – Uniform Civil Procedure Rules 2005 (NSW), r 29.10 – whether judgment for the creditor "could not be supported" – Hunt v Watkins (2000) 49 NSWLR 508; [2000] NSWCA 229 – no findings of credit Legislation Cited: Evidence Act 1995 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: ASIC v Hellicar (2012) 247 CLR 345 Barry Albert Andrews & 4 Ors v Racken Pty Ltd & 7 Ors [2007] NSWSC 1010 Colin R Price & Associates Pty Ltd v Four Oaks Pty Ltd [2017] FCAFC 75 Commercial Union Assurance v Ferrcom (1991) 22 NSWLR 389 Feldman v GNM Australia Ltd [2017] NSWCA 107 Hunt v Watkins (2000) 49 NSWLR 508; [2000] NSWCA 229 Jones v Dunkel (1959) 101 CLR 298 Junker v Hepburn [2010] NSWSC 88 Leybourne v Permanent Custodians Ltd [2010] NSWCA 78 Mailman v Ellison (Court of Appeal, 25 November 1993, unrep) McIntyre v Gye (1994) 51 FCR 472 McKeand v Thomas [2006] NSWSC 1028 Moneytech Finance Pty Ltd v Diamond Made Pty Ltd [2017] NSWSC 836 Northside Developments v Registrar General (1998) 170 CLR 146 Quarante Pty Ltd v The Owners of Strata Plan No 67212 [2008] NSWCA 258 Category: Principal judgment Parties: Moneytech Finance Pty Ltd (First Plaintiff) Diamond Made Trading Pty Ltd (Second Plaintiff) Diamond Made Pty Ltd (in Liquidation) (First Defendant) Andrew Kent Osborne (Sixth Defendant) Representation: Counsel: C D Wood (First and Second Plaintiff) S Robertson (Sixth Defendant)