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

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

Summary judgment is refused because there are triable issues as to the defendant’s asserted right of equitable set-off and a potential defence under s 54 of the Sale of Goods Act 1923 (NSW), which are sufficiently connected to the claim to warrant a trial. Leave is granted to the defendant to amend its defence.

Parties
Plaintiff: Comix (Asia) Limited; Defendant: Bantex Pty Ltd
Jurisdiction
Australia
Judgment Date
09 February 2018
Procedural Posture
Application for Summary Judgment / Interlocutory Notice of Motion for Summary Judgment
Outcome
Plaintiff's notice of motion for summary judgment dismissed
Legal Topics
Summary Judgment, Equitable Set Off, Breach of Contract, Sale of Goods, Remedies for Defective Goods
Civil Procedure Contract Law Summary Judgment Equitable Set Off Breach of Contract Sale of Goods Remedies for Defective Goods

Case Brief

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Parties

Comix (Asia) Limited

Plaintiff

Bantex Pty Ltd

Defendant

Procedural Posture

Application for Summary Judgment / Interlocutory Notice of Motion for Summary Judgment

Legal Issues

  1. 1 Whether the defendant has a triable defence to a claim for the price of goods supplied
  2. 2 Whether equitable set-off is available to the defendant in respect of unliquidated damages for breach of contract
  3. 3 Whether s 54 of the Sale of Goods Act 1923 (NSW) provides a defence

Ratio Decidendi

Summary judgment is refused because there are triable issues as to the defendant’s asserted right of equitable set-off and a potential defence under s 54 of the Sale of Goods Act 1923 (NSW), which are sufficiently connected to the claim to warrant a trial. Leave is granted to the defendant to amend its defence.

Court Disposition

Plaintiff's notice of motion for summary judgment dismissed

Orders

  • The plaintiff's notice of motion dated 4 July 2017 is dismissed.
  • The defendant has leave to file an amended defence by 9 March 2018.