Unilever Australia Limited v Rosella Foods Pty Limited [2012] NSWDC 221

Unilever Australia Limited v Rosella Foods Pty Limited [2012] NSWDC 221

Rosella's cross-claim lacked substance, did not impeach the plaintiff's claim, and provided no basis to deny summary judgment. Plaintiff's admissions and evidence justified summary judgment for the amount claimed.

Jurisdiction
Australia
Judgment Date
14 December 2012
Procedural Posture
Interlocutory Application / Summary Judgment
Outcome
Judgment for plaintiff (Unilever Australia Limited) in the sum of $615,461.03 inclusive of interest; defendant to pay plaintiff's costs up to 19 October 2012
Legal Topics
['summary Judgment' 'payment for Goods' 'equitable Set Off' 'cross Claim' 'corporate Insolvency']
['commercial Law' 'equity' 'civil Procedure'] ['summary Judgment' 'payment for Goods' 'equitable Set Off' 'cross Claim' 'corporate Insolvency']

Case Brief

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Procedural Posture

Interlocutory Application / Summary Judgment

Legal Issues

  1. 1 ['Whether the defence of equitable set-off based on a cross-claim was available to the defendant against the claim for payment for goods supplied' 'The entitlement of the plaintiff to summary judgment' 'Effect of s 440D Corporations Act 2001 (Cth) upon delivery of reserved judgment']

Ratio Decidendi

Rosella's cross-claim lacked substance, did not impeach the plaintiff's claim, and provided no basis to deny summary judgment. Plaintiff's admissions and evidence justified summary judgment for the amount claimed.

Court Disposition

Judgment for plaintiff (Unilever Australia Limited) in the sum of $615,461.03 inclusive of interest; defendant to pay plaintiff's costs up to 19 October 2012

Orders

  • ['Judgment for the plaintiff in the sum of $615,461.03 inclusive of interest.' "The defendant to pay the plaintiff's costs of the proceedings up to and including 19 October 2012."]