Mulhern v Bank of Queensland [2015] FCA 44

FEDERAL COURT OF AUSTRALIA

Mulhern v Bank of Queensland [2015] FCA 44 Citation: Mulhern v Bank of Queensland [2015] FCA 44

Parties: EMER MARIE MULHERN, JACQUELINE PATRICIA MULHERN, PINNACLE INDUSTRIES 11LLC, ANDREW QUINERT T/AS ANDREW Q PROPERTY MANAGEMENT, MULHERN BUILDERS LTD IRE, CELTIC PACIFIC CONTRACTORS LLIC, EMERALD HERVEY BAY DEVELOPMENTS PTY LTD, TOOWONG PRIME INVESTMENTS PTY LTD, MULHERN'S PROPERTIES INC, COUGAN CORPORATION PTY LTD and MICHAEL RICHARD MULHERN v BANK OF QUEENSLAND

File number: NSD 887 of 2014

Judge: GLEESON J

Date of judgment: 5 February 2015

Catchwords: PRACTICE AND PROCEDURE – application for summary judgment – application for statement of claim to be struck out – where some plaintiffs bankrupt – whether plaintiffs have no reasonable prospect of successfully prosecuting the proceeding – whether any reasonable cause of action disclosed – where plaintiffs' claims based upon contention that orders were wrongfully obtained in a State Supreme Court – where claim based on issue already finally resolved against plaintiff – statement of claim struck out – proceedings partly dismissed as abuse of process – other claims stayed until trustee elects to prosecute or discontinue action – Bankruptcy Act 1966 (Cth), ss 58, 60(2), 116, Federal Court of Australia Act 1976 (Cth), s 31A, Federal Court of Rules 2011, r 26.01

Legislation: Australian Securities and Investments Commission Act 2001 (Cth), s 12CB Bankruptcy Act 1966 (Cth), ss 5(1), 58, 78(1)(f), 116 Federal Court of Australia Act 1976 (Cth), s 31A Federal Court Rules 2011 (Cth), rr 16.21, 26.01 Trade Practices Act 1974 (Cth), s 51AC