Brookfield v McPherson's Limited [2003] FCA 1237

FEDERAL COURT OF AUSTRALIA

Brookfield v McPherson's Limited [2003] FCA 1237 PRACTICE AND PROCEDURE – standing – applicant assignee of cause of action in principal proceeding – principal proceeding unsuccessful – applicant seeking to set aside adverse judgment in principal proceeding as that respondent allegedly procured result through deliberate failure to give proper discovery – respondent (parent company) to present proceeding alleged to be parent company and to be complicit in its failure to give discovery – whether applicant has standing to bring proceeding against parent company for loss suffered in principal proceeding by wrongful conduct of respondent when assignment of cause of action did not relate to the present claim.

Corporations Act s 588FB(1) Corporations Law ss 588FB, 588FC, 588FE

Dey v Victorian Railways Commissioners (1949) 78 CLR 62 referred to General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 referred to Commonwealth Bank of Australia v Quake (1991) 178 CLR 134 referred to Lonrho Ltd v Shell Petroleum Co Ltd (No.2) [1982] AC 173 cited Lonrho Plc v Fayed [1992] 1 AC 448 cited Ansett Transport Industries (Operations) Pty Ltd v Australian Federation of Air Pilots [1991] 1 VF 637 cited Little v Law Institute of Victoria (No.3) [1990] VR 257 cited Canada Cement La Farge Ltd v British Columbia Lightweight Aggregate Ltd (1983) 145 DLR (3d) 385 cited Creasy v Breachwood Motors Ltd (1992) 10 ACLC 3,052 referred to In re Darby; Ex parte Brougham [1911] 1 KB 95 referred to IAN WALTER BROOKFIELD (ABN 1247621465) & SEPTIC PRODUCTS AUSTRALIA PTY LTD (IN LIQ) v McPHERSON'S LIMITED (ACN 004068419) S 505 of 2003 MANSFIELD J 4 NOVEMBER 2003 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 505 OF 2003

BETWEEN: IAN WALTER BROOKFIELD (ABN 1247621465) & SEPTIC PRODUCTS AUSTRALIA PTY LTD (IN LIQ)