South Townsville Developments Pty Ltd (in liq) v Lauvan Pty Ltd [2019] FCA 666

FEDERAL COURT OF AUSTRALIA

South Townsville Developments Pty Ltd (in liq) v Lauvan Pty Ltd [2019] FCA 666 File numbers: NSD 1948 of 2018

Judge: STEWART J

Date of judgment: 16 May 2019

Catchwords: PRACTICE AND PROCEDURE – application for permanent stay of the proceeding – abuse of process – where claim not heard on merits yet – where proceedings were discontinued in the Supreme Court of New South Wales – where fresh proceedings instituted in different court in relation to substantially same facts and issues – timely and efficient administration of civil justice – whether proceeding is oppressive – whether continuance of proceeding would bring administration of justice into disrepute PRACTICE AND PROCEDURE – application for summary dismissal of part of the proceeding – where interlocutory application does not identify the relief sought by defendants PRACTICE AND PROCEDURE – application for security for costs by defendants – where the first plaintiff is in liquidation – where plaintiffs and defendants disagree as to the amount of security to be provided – security for costs ordered

Legislation: Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth) s 237 Australian Securities and Investment Commission Act 2001 (Cth) s 12HD Civil Procedure Act 2005 (NSW) s 91 Corporations Act 2001 (Cth) ss 91, 436A, 439C, 588FB, 588FC, 588FE and 588FF Federal Court Rules 2011 (Cth) rr 26.01(1) and 26.14 Jurisdiction of Courts (Cross-Vesting) Act 1987 (Qld) s 5(2) Property Law Act 1974 (Qld) s 84