Searle B A v Keayes P & Ors [1994] FCA 1063

JUDGMENT No. 1993... 24%

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IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 309 of 1994

GENERAL DIVISION ) BETWEEN : BRONWYN ANN SEARLE Applicant AND : PETER KEAYES

First Respondent

RICHARD KEAYES Second Respondent

BRISALEBE AG LIMITED (ACN 060 401 827) Third Respondent

BRISALEBE AG Fourth Respondent

WSB (No 15) PTY LIMITED (ACN 055 949 016) Fifth Respondent

WSB (No 17) PTY LIMITED (ACN 058 901 170) Sixth Respondent

CORAM : TAMBERLIN J PLACE : SYDNEY DATED : 21 December 1994

FEDERAL COURT AUSTRALIA OF PRINCIPAL

REASONS FOR JUDGMENT REGISTRY

This morning an application has been made by the third respondent, Brisalebe AG Limited (Brisalebe) for leave to file a defence and cross-claim. A notice of appearance was also filed in court this morning on behalf of Brisalebe. Today is the tenth day of the hearing and is the last day for the

hearing of evidence in this matter.

~-2- The application is opposed by Mrs Bronwyn Searle, the applicant in the main proceedings, but not by the second respondent, Mr Peter Keayes. No evidence has been tendered in support of or in explanation of the application. It has been indicated by counsel that Brisalebe does not propose to call any evidence, tender any documents or cross-examine any witnesses but wishes merely to address the court in support of the defence and cross-claim and the orders sought in the

cross-claim.

The defence sought to be filed basically does not admit matters alleged in the statement of claim and claims that Brisalebe is entitled to 23 per cent of the capital of Brisalebe AG (AG), a Swiss corporation. The statement of claim alleges that such shareholding was secured by Brisalebe as the result of a breach by Peter Keayes of fiduciary and other obligations. By the cross-claim Brisalebe seeks a declaration that it owns 23 per cent of the capital of AG and