Benjamin Hornigold Ltd v John Bridgeman Limited (No 2) [2024] FCA 1041

Federal Court of Australia

Benjamin Hornigold Ltd v John Bridgeman Limited (No 2) [2024] FCA 1041 File number(s): NSD 967 of 2023

Judgment of: NEEDHAM J

Date of judgment: 10 September 2024

Catchwords: PRACTICE AND PROCEDURE – application by a sole director to represent a company where director is not a lawyer – exercise of the Court's discretion to waive compliance with r 4.01(2) of the Federal Court Rules (2011) Cth – where the applicant has not furnished the Court with significant evidence of the financial position of the company or its ultimate shareholders – where the applicant has not furnished the court with significant evidence of its ability to manage its case effectively – whether allowing a non-legally qualified party a limited grant of leave to advance a case is of utility to the Court – consideration of requirements of s 37M of the Federal Court of Australia Act 1976 (Cth) Held: application allowed in part – applicant granted leave to proceed without a solicitor in a limited way restricted to specific matters

Legislation: Federal Court Rules 2011 (Cth) r 4.01(2)

Cases cited: ACN 656 077 020 Pty Ltd v Li [2024] FCA 770 Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Australian Securities & Investments Commission v Axis International Management Pty Ltd (No 4) [2010] FCA 685 Molnar Engineering Pty Ltd v Burns (1984) 3 FCR 68 Shargrate Pty Ltd v .AU Domain Administration Limited [2002] FCA 657 Southcorp Brands v Australia Rush Rich Winery Pty Ltd and ors [2019] FCA 720; (2019) 369 ALR 299 Termi-Mesh Australia Pty Ltd v Josu Manufacturing Pty Ltd [1999] FCA 1241 Tobacco Control Coalition Inc v Philip Morris (Australia) Ltd and ors [2000] FCA 131