Flexirent Capital Pty Limited v Kay and Burton Pty Ltd as Trustee for the K&B Unit Trust ABN 64 060 949 539

The dispute between Flexirent Capital Pty Limited and Kay and Burton Pty Ltd as Trustee for the K&B Unit Trust was brought before the District Court of New South Wales. The plaintiffs sought leave to amend their statement of claim and to add Australian Managed Print Services (Vic) Pty Ltd (in liquidation) as a plaintiff. The primary issue was whether the plaintiffs were entitled to amend their statement of claim and add a company in liquidation as a party, and if so, whether such amendments fell within the jurisdiction of the District Court. Another issue was whether the plaintiffs could recover more than the jurisdictional limit of the Court.

The court considered whether the plaintiffs' application to amend their statement of claim and add a new plaintiff was appropriate under the relevant rules and legislation. The court noted the concession of the plaintiffs to forgo recovery in an amount in excess of the jurisdiction of the Court. The court found that the plaintiffs had demonstrated a sufficient cause of action to justify the addition of the new plaintiff and the amendment of the statement of claim. The court also found that the amendments were within the jurisdiction of the Court and that the plaintiffs were entitled to seek relief within the jurisdictional limit.

In conclusion, the court granted leave to add Australian Managed Print Services (Vic) Pty Ltd (in liquidation) as a party to the proceedings and to file an amended statement of claim. The court also ordered that the costs of the motion be costs in the cause. The plaintiffs were also required to forgo recovery in an amount in excess of the jurisdiction of the Court.