Lee v Micha International Pty Limited [2009] NSWDC 91

The claim for rectification of the written agreement for sale of a business exceeding $20,000 is beyond the jurisdiction of the District Court; however, leave is granted to amend the statement of claim to plead an alternative contract, subject to the defendant's right to seek an adjournment.

Jurisdiction: Australia
Judgment Date: 02 April 2009
Procedural Posture: Civil / Application for Leave to Amend Statement of Claim
Outcome: Plaintiff's application for leave to amend statement of claim allowed in part and refused in part.
Legal Topics: ['rectification of Contract' 'sale of Business' 'equitable Jurisdiction']

['equity' 'contract Law'] ['rectification of Contract' 'sale of Business' 'equitable Jurisdiction']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Civil / Application for Leave to Amend Statement of Claim

Legal Issues

1 ['Whether the District Court has jurisdiction to grant rectification of a contract where the purchase price exceeds the statutory limit' 'Whether the plaintiff may amend the statement of claim to plead an alternative contract']

Ratio Decidendi

Court Disposition

Plaintiff's application for leave to amend statement of claim allowed in part and refused in part.

Orders

['Leave granted to amend statement of claim insofar as it allows the plaintiff to plead a contract other than the written agreement.' 'Leave to add claim for rectification of the contract refused.']