Washington H Soul Pattinson & Company Limited v Roderick [2020] NSWSC 1225

Supreme Court New South Wales

Medium Neutral Citation: Washington H Soul Pattinson & Company Limited v Roderick [2020] NSWSC 1225 Hearing dates: 1, 4, 5, 6 and 7 May 2020 Date of orders: 10 September 2020 Decision date: 10 September 2020 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) The plaintiffs' summons is dismissed. (2) I order the first plaintiff to pay the defendant's costs on the summons. Catchwords: CIVIL PROCEDURE — Pleadings — Where leave granted to defendant in related proceedings in this Court to withdraw claim for redundancy — Where defendant commenced proceedings in Federal Circuit Court seeking redundancy payment — Anti-suit injunction — Whether new claim has no merit — Whether vexatious and oppressive or with purpose of frustrating or obstructing proceedings in this Court — Nature of claim Legislation Cited: Fair Work Act 2009 (Cth), ss 44, 119, 546, 550 Cases Cited: CSR Ltd v Cigna Insurance Australia Ltd (1997) 189 CLR 345 Midland Bank PLC v Laker Airways Ltd. [1986] QB 689 NAB v Idoport [2002] NSWSC 623 Turner v Grovit [2002] 1 WLR 107 Category: Procedural and other rulings Parties: Washington H Soul Pattinson & Company Limited (First Plaintiff) Robert Dobson Millner (Second Plaintiff) Robert Gordon Westphal (Third Plaintiff) Warwick Martin Negus (Fourth Plaintiff) Todd James Barlow (Fifth Plaintiff) Thomas Charles Dobson Millner (Sixth Plaintiff) Melinda Rose Roderick (Defendant) Representation: Counsel: D Sulan with J Entwisle (Plaintiffs) G McNally SC with D Stewart (Defendant)