Tim Barr Pty Limited v Narui Gold Coast Pty Limited [2007] NSWSC 74

The defence based on unclean hands and allegations of forgery, while possibly peripheral, is not so clearly untenable as to justify striking out; such matters warrant consideration at trial both for specific performance and restitution claims.

Jurisdiction: Australia
Judgment Date: 19 February 2007
Procedural Posture: Appeal / Motion to Strike Out Parts of Defence; Appeal From Associate Justice Macready
Outcome: Appeal dismissed; paragraphs of defence stand; notice of motion dismissed with costs.
Legal Topics: ['equitable Defences' 'want of Clean Hands' 'forgery' 'restitution' 'unjust Enrichment' 'specific Performance' 'striking Out Pleadings']

['equity'] ['equitable Defences' 'want of Clean Hands' 'forgery' 'restitution' 'unjust Enrichment' 'specific Performance' 'striking Out Pleadings']

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

Procedural Posture

Appeal / Motion to Strike Out Parts of Defence; Appeal From Associate Justice Macready

Legal Issues

1 ["Whether paragraphs of the defence raising 'unclean hands' should be struck out in claims for specific performance and restitution" 'Whether there is an immediate and necessary connection between alleged forgery/unjust conduct and equitable remedies sought' "Whether restitution claim is legal or equitable and if 'unclean hands' defence applies"]

Ratio Decidendi

Court Disposition

Appeal dismissed; paragraphs of defence stand; notice of motion dismissed with costs.

Orders

['Appeal dismissed' 'Notice of motion dismissed with costs']