Feldman v Blake Napier Ltd as trustee of the Blake Napier Property Trust

The case of Feldman v Blake Napier Ltd as trustee of the Blake Napier Property Trust arose in the Federal Circuit and Family Court of Australia. The plaintiff, Mr Feldman, sought to recover $236,000 in unpaid property management fees from the defendants, Blake Napier Ltd as trustee of the Blake Napier Property Trust. The defendants raised two primary defences: a set-off defence and a claim that they were not liable for the fees in the first place.

The court was required to determine whether the defendants had an arguable defence to the plaintiff's claim. Specifically, the court needed to decide if the defendants' cross claim was sufficiently connected to the plaintiff's claim to permit a set-off and whether the defendants were entitled to bring a claim that would give rise to a set-off. The court also had to consider whether the question of set-off should be determined as a separate question from the determination of the primary claim.

The court found that the defendants did not have an arguable defence to the plaintiff's claim for unpaid fees. The court held that the defendants' cross claim was not sufficiently connected to the plaintiff's claim to permit a set-off. The court also found that the defendants were not entitled to bring a claim that would give rise to a set-off. The court concluded that the question of set-off should not be determined as a separate question from the determination of the primary claim. As a result, the court dismissed the defendants' defence and ordered them to pay the plaintiff the full amount of $236,000, plus interest.