Mr Rental Australia Pty Ltd v IRD Services Pty Ltd [2016] NSWSC 118

Leave to rely on expert evidence regarding valuation and goodwill was refused as the evidence was neither relevant to any special trade usage nor would assist in interpreting the contract. Leave to amend pleadings was granted in limited respects not affecting readiness and willingness or hardship, but amendments concerning third-party interests or hardship were refused due to late raising and the likely loss of a hearing date.

Parties: Plaintiff: Mr Rental Australia Pty Ltd; First Defendant: IRD Services Pty Ltd; Second Defendant: J&D Business Solutions Pty Ltd ATF the Wood Family Trust & the Siozos Family Trust; Third Defendant: ALWITEM Pty Ltd ATF Ross Grimm Family Trust; Fourth Defendant: Glenn David Travers and Sandra Travers; Fifth Defendant: Andsmit Pty Ltd The Thomas Family Trust; Sixth Defendant: Filmdrum Pt Ltd; Seventh Defendant: Mr Ian Dobbie; Eighth Defendant: Mr Jeffrey Wood; Ninth Defendant: Ms Debra Siozos; Tenth Defendant: Mr Ross Grimm; Eleventh Defendant: Ms Joy Grimm; Twelfth Defendant: Mr Peter Raymond Thomas; Thirteenth Defendant: Ms Sharon Leanne Thomas; Fourteenth Defendant: Mr Graham Newell; Fifteenth Defendant: Ms Karen Newell
Jurisdiction: Australia
Judgment Date: 19 February 2016
Procedural Posture: Commercial List Proceedings (equity) / Interlocutory Application (leave to Amend Pleadings and to Rely on Expert Evidence)
Outcome: Leave to rely on expert evidence denied; leave granted to amend pleadings in part; motion otherwise dismissed; costs ordered against defendants.
Legal Topics: Leave to Amend Pleadings, Leave to Rely on Expert Evidence, Specific Performance, Valuation of Business Assets, Goodwill

Civil Procedure Contract Law Equity Leave to Amend Pleadings Leave to Rely on Expert Evidence Specific Performance Valuation of Business Assets Goodwill

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Parties

Mr Rental Australia Pty Ltd

Plaintiff

IRD Services Pty Ltd

First Defendant

J&D Business Solutions Pty Ltd ATF the Wood Family Trust & the Siozos Family Trust

Second Defendant

ALWITEM Pty Ltd ATF Ross Grimm Family Trust

Third Defendant

Glenn David Travers and Sandra Travers

Fourth Defendant

Andsmit Pty Ltd The Thomas Family Trust

Fifth Defendant

Filmdrum Pt Ltd

Sixth Defendant

Mr Ian Dobbie

Seventh Defendant

Mr Jeffrey Wood

Eighth Defendant

Ms Debra Siozos

Ninth Defendant

Mr Ross Grimm

Tenth Defendant

Ms Joy Grimm

Eleventh Defendant

Mr Peter Raymond Thomas

Twelfth Defendant

Ms Sharon Leanne Thomas

Thirteenth Defendant

Mr Graham Newell

Fourteenth Defendant

Ms Karen Newell

Fifteenth Defendant

Procedural Posture

Commercial List Proceedings (equity) / Interlocutory Application (leave to Amend Pleadings and to Rely on Expert Evidence)

Legal Issues

1 Whether leave should be granted to amend commercial list response and cross-claim
2 Whether leave should be granted to rely on expert evidence regarding valuation and goodwill
3 Whether proposed amendments (including allegations regarding hardship and third-party interests) should be allowed

Ratio Decidendi

Court Disposition

Leave to rely on expert evidence denied; leave granted to amend pleadings in part; motion otherwise dismissed; costs ordered against defendants.

Orders

Leave granted to amend commercial list cross-claim list statement as sought.
Leave granted to amend para 5 of amended commercial list response as sought.