NSW Caselaw
New South Wales Supreme Court
CITATION : Volpes v Permanent Custodians Limited [2005] NSWSC 827
HEARING DATE(S) : 28, 29 and 30 June 2005
JUDGMENT DATE : 17 August 2005
JUDGMENT OF : Smart AJ at 1
DECISION : The motion for a stay of proceedings is dismissed with costs
CATCHWORDS : Abuse of process - major competitor of lender (Permanent) acting as litigation funder - Access to justice - control of proceedings - stay refused
Consumer Credit (NSW) Code LEGISLATION CITED : Contracts Review Act 1980 Supreme Court Act (1970) (NSW)
Cutts v Head [1984] Ch 290 Elphic Ltd v Mack [2003] 2 Qd R 125 Fostif Pty Ltd v Campbells Cash & Carry Pty Ltd [2005] NSWCA 83 Giles v Thompson [1994] 1 AC 142 Magic Menu Systems v AFA Facilitation Pty Ltd (1997) 72 FCR 261 CASES CITED : Project 28 Pty Ltd v Barr & Anor [2005] NSWCA 240 QPSX Limited v Ericsson Australia Pty Ltd [2005] FCA 933 933 Rush & Tompkins Ltd v Greater London Council & Anor [1989] AC 1280 Thai Trading Co v Taylor [1998] QB 781 Williams v Spautz (1992) 174 CLR 509
PARTIES : G & S A Volpes v Permanent Custodians Limited
FILE NUMBER(S) : SC 1584/04
(P) D E Grieve QC & A A Henskens COUNSEL : (D) T D Castle & A J Abadee
(P) Middletons SOLICITORS : (D) Gadens
LOWER COURT JURISDICTION :
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
SMART AJ
Wednesday, 17 August 2005
1584/04: G & S A VOLPES v PERMANENT CUSTODIANS LIMITED JUDGMENT 1. By its motion of 2 December 2004 Permanent Custodians Limited ("Permanent") seeks that the proceedings instituted by Mr and Mrs Volpes ("the Volpes") against it be stayed or that Liberty Financial Pty Ltd ("Liberty") be restrained from further funding them in the proceedings. Permanent seeks such other relief as the Court thinks fit. The motion sought, alternatively, that Liberty provide within seven days security for costs to Permanent of $200,000. I was asked not to concern myself with the question of security for costs as the parties had reached an agreement on this issue.
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