Trilogy Funds Management Limited as trustee and responsible entity of the Pacific First Mortgage Fund v CBRE (V) Pty Ltd [2021] NSWSC 883

Supreme Court New South Wales

Medium Neutral Citation: Trilogy Funds Management Limited as trustee and responsible entity of the Pacific First Mortgage Fund v CBRE (V) Pty Ltd [2021] NSWSC 883 Hearing dates: 19 July 2021 Date of orders: 21 July 2021 Decision date: 21 July 2021 Jurisdiction: Equity - Commercial List Before: Williams J Decision: Order that the notice of motion is dismissed; order that the defendant is pay to the plaintiff's costs of that notice of motion. Catchwords: PRACTICE AND PROCEDURE – application for order dismissing the proceedings as an abuse of process – some common issues between these proceedings and earlier proceedings maintained by different plaintiffs against same defendant – present plaintiff not a privy of and had no control over earlier plaintiffs ­­– different claims in the two proceedings – whether oppressive to defendant to allow the present proceedings to continue – whether continuation of present proceeding would bring administration of justice into disrepute. Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57, 58 Corporations Act 2001 (Cth), ss 601FS, Cases Cited: Johnson v Gore Wood & Co [2002] 2 AC 1 Tomlinson v Ramsey Food Processing Pty Ltd (2015) 256 CLR 507 UBS AG v Tyne (2018) 265 CLR 77 Williams v Spautz (1992) 174 CLR 509 Category: Procedural rulings Parties: Trilogy Funds Management Limited (ACN 080 383 679) as trustee and responsible entity of the Pacific First Mortgage Fund (ARSN 088 139 477) (Plaintiff) CBRE (V) Pty Ltd (ACN 083 694 357) (Defendant) Representation: Counsel: Mr J Giles SC with Mr B Curtin (Plaintiff) Mr D A Lloyd SC with Ms A Avery-Williams (Defendant)