RIESEN & ANOR v SST CONSULTING SERVICES PTY LTD [2002] NSWCA 163

RIESEN & ANOR v SST CONSULTING SERVICES PTY LTD [2002] NSWCA 163

The relevant pleadings raised triable issues on severability and section 4L/87 interplay of the Trade Practices Act; the matter should not have been summarily disposed of, and the orders striking out the defence and cross-claim were set aside, with proceedings transferred to the Federal Court for determination.

Jurisdiction
Australia
Judgment Date
12 April 2002
Procedural Posture
Application for Leave to Appeal and Appeal / Appeal From Interlocutory Orders in Supreme Court Common Law Division
Outcome
Appeal upheld. Orders of Sully J set aside. Leave to appeal granted. Proceedings transferred to the Federal Court of Australia. Costs orders as per para 26.
Legal Topics
['severability of Illegal Contract Terms' 'exclusive Dealing Third Line Forcing Under Trade Practices Act' 'jurisdictional Transfer to Federal Court']
['contract Law' 'competition Law'] ['severability of Illegal Contract Terms' 'exclusive Dealing Third Line Forcing Under Trade Practices Act' 'jurisdictional Transfer to Federal Court']

Case Brief

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Procedural Posture

Application for Leave to Appeal and Appeal / Appeal From Interlocutory Orders in Supreme Court Common Law Division

Legal Issues

  1. 1 ["Whether the guarantee was void and unenforceable due to the loan agreement's alleged purpose of third line forcing under s47 of the Trade Practices Act" 'Whether offending provisions in the guarantee deed were severable such that the balance remained enforceable' 'Proper application of s4L and s87 of the Trade Practices Act to severability and enforceability']

Ratio Decidendi

The relevant pleadings raised triable issues on severability and section 4L/87 interplay of the Trade Practices Act; the matter should not have been summarily disposed of, and the orders striking out the defence and cross-claim were set aside, with proceedings transferred to the Federal Court for determination.

Court Disposition

Appeal upheld. Orders of Sully J set aside. Leave to appeal granted. Proceedings transferred to the Federal Court of Australia. Costs orders as per para 26.

Orders

  • ['Subject to filing a notice of appeal, grant leave to appeal.' 'Uphold the appeal and set aside orders made by Sully J on 13 September 2001.' 'Notice of motion filed by the plaintiff on 24 August 2001 as amended on 4 September 2001 dismissed.' "Plaintiff to pay defendants' costs of notice of motion filed on 24...