AA Shi Pty Ltd v Avbar Pty Ltd (No 4) [2010] FCA 878

FEDERAL COURT OF AUSTRALIA

AA Shi Pty Ltd v Avbar Pty Ltd (No 4) [2010] FCA 878 Citation: AA Shi Pty Ltd v Avbar Pty Ltd (No 4) [2010] FCA 878

Parties: AA SHI PTY LTD (ACN 100 459 667) v AVBAR PTY LTD (ACN 100 433 752) and NIR INVESTMENTS PTY LTD (ACN 100 276 015)

File number: QUD 121 of 2010

Judge: COLLIER J

Date of judgment: 17 August 2010

Catchwords: PRACTICE AND PROCEDURE – application for leave pursuant to O 4 r 14(2) for applicant corporation to carry on proceeding otherwise than by a solicitor – applicant corporation seeks leave for sole director and shareholder to conduct litigation – principles relevant to grant of leave by Court – capability of sole director to conduct proceedings on behalf of applicant corporation – apparent impecuniosity of both applicant corporation and sole director – requirement for interpreter to assist sole director – substantive issues involving narrow but difficult questions of law in substantive proceedings – no legal qualifications or training of sole director – discrepancies in previous evidence as to financial position of applicant compared with current financial position – lack of explanation or evidence as to financial position of applicant corporation and sole director – no other applicant represented by Counsel in proceeding – trial of substantive issues estimated to be three weeks – litigation strenuously opposed by respondents – sole director the applicant's principal witness in substantive proceedings – scandalous allegations by sole director Held: application for leave refused, notice of motion dismissed