Advice Central Professional Wealth Management Pty Ltd v HNW Planning Pty Ltd [2024] NSWSC 571

Supreme Court New South Wales

Medium Neutral Citation: Advice Central Professional Wealth Management Pty Ltd v HNW Planning Pty Ltd [2024] NSWSC 571 Hearing dates: 10 May 2024 Date of orders: 10 May 2024 Decision date: 10 May 2024 Jurisdiction: Equity Before: Black J Decision: Order that the Plaintiff's Notion of Motion be dismissed with costs. Orders made in respect of Defendant's Notice of Motion. Catchwords: PRACTICE AND PROCEDURE – Whether a director should be joined as additional Plaintiff in proceedings brought by a company – where the director has no apparent cause of action against the Defendant in the proceedings – leave of the Court refused. PRACTICE AND PROCEDURE – Whether the Court should dispense with Uniform Civil Procedure Rules 7.1-7.2 so as to permit director to represent company in proceedings. Legislation Cited: - Civil Procedure Act 2005 (NSW) ss 56–60 - Competition and Consumer Act 2010 (Cth) s 236 - Uniform Civil Procedure Rules 2005 (NSW) rr 7.1–7.2, 12.7 Cases Cited: - Boss Constructions (NSW) Pty Ltd v Deputy Commissioner of Taxation (14 December 2018) - Business Innovation Pty Ltd v Madison Morgan and Bailey Pty Ltd [2018] NSWSC 1523 - Clark v Premier Energy Resources Pty Ltd (15 April 2024) - Damjanovic v Malley (2002) 55 NSWLR 149; [2002] NSWCA 230 - DP Mahaffy and Associates Pty Ltd v Mahaffy [2011] NSWSC 673 - JSBG Developments Pty Ltd v Kozlowski (2009) 75 NSWLR 745; [2009] NSWSC 1128 - Re Australian Tailings Group Pty Ltd (14 March 2019) - Re ENA Development Pty Ltd (in liq) [2022] NSWSC 919 - Re DB Mahaffy and Associates Pty Ltd [2012] NSWSC 776 - Re Horizons (Asia) Pty Ltd (31 January 2022) Category: Procedural rulings Parties: Advice Central Professional Wealth Management Pty Ltd (Plaintiff) HNW Planning Pty Ltd (Defendant) Representation: Counsel: S MacDonald (self-represented) (Plaintiff) M Secivanovic (Solicitor) (Defendant)