Fields Group Pty Ltd v Wilson Security Pty Ltd [2019] NSWSC 475

Supreme Court New South Wales

Medium Neutral Citation: Fields Group Pty Ltd v Wilson Security Pty Ltd [2019] NSWSC 475 Hearing dates: 25, 26, 27 March; 2 April 2019; further written submissions ending 15 April 2019 Date of orders: 30 April 2019 Decision date: 30 April 2019 Jurisdiction: Equity - Commercial List Before: Parker J Decision: 1. The Plaintiff's claim for damages is dismissed. 2. The Defendant/Cross-Claimant is entitled to judgment against the Plaintiff for the amount of its unpaid invoices. Catchwords: CONTRACTS – construction – partly written and partly oral contracts – plaintiff entered into a head contract with the Commonwealth for the provision of security services at various Commonwealth sites – plaintiff entered into subcontract with the defendant to supply additional security guards for the purpose of carrying out the head contract – where defendant made an oral commitment to provide other security work to the plaintiff on certain terms – scope and nature of commitment.

EQUITY – equitable set-off – whether defendant's claim against the plaintiff for an amount owing for unpaid invoices is impeached by the plaintiff's claim against the defendant for an alleged failure to supply work hours. Cases Cited: Australian Broadcasting Commission v Australasian Performing Right Association Ltd (1973) 129 CLR 99; [1973] HCA 36 County Securities Pty Limited v Challenger Group Holdings Pty Limited [2008] NSWCA 193 Hawes v Dean [2014] NSWCA 380 J Evans & Son (Portsmouth) Ltd v Andrea Merzario Ltd [1976] 1 WLR 1078 Lym International Pty Ltd v Marcolongo (2011) 15 BPR 29,465; [2011] NSWCA 303 Texts Cited: Australian Law Reform Commission, Essentially Yours: The Protection of Human Genetic Information in Australia, (May 2003), chapter 36 Category: Principal judgment Parties: Fields Group Pty Ltd (Plaintiff) Wilson Security Pty Ltd (Defendant) Representation: Counsel: L Chan/P Berg (Plaintiff) JC Conde (Defendant)