United Pacific Finance Pty Ltd v Tarrant [2009] NSWSC 630

New South Wales Supreme Court

CITATION : United Pacific Finance Pty Ltd v Tarrant [2009] NSWSC 630

HEARING DATE(S) : 29 June 2009

JUDGMENT DATE : 7 July 2009

JURISDICTION : Equity

JUDGMENT OF : Austin J

DECISION : Application for leave to proceed denied, with indemnity costs to be paid forthwith

CATCHWORDS : CORPORATIONS - leave to proceed against company in voluntary winding up - applicant for leave relies on verified pleading without other evidence to show a serious question to be tried - application denied on that ground, and also on discretionary grounds - PRACTICE AND PROCEDURE - abuse of process - plaintiff a lender to investors in managed investment schemes in Western Australia - plaintiff sues defendants in New South Wales alleging inducement of breach of contract - defendants file cross-claim joining other parties and allege misleading and deceptive conduct in respect of the selling of interests in managed investment schemes - meanwhile a cross-defendant commences proceedings against the defendants in Supreme Court of Western Australia, suing as lender to recover loan money - defendants' solicitor gives evidence that Western Australian defence will raise same issues as New South Wales cross-claim - duplication of proceedings held vexatious and an abuse of process

LEGISLATION CITED : Corporations Act 2001 (Cth), ss 471B, 500 Jurisdiction of Courts (Cross Vesting) Act 1987 (WA), s 5

CATEGORY : Principal judgment

Commonwealth v Cockatoo Dockyard Pty Ltd [2003] NSWCA 192 King v Peters [2007] NSWSC 200 Kolden Holdings Ltd v Rodette Commerce Ltd [2008] 3 All ER 612 Moore v Inglis (1976) 9 ALR 509 CASES CITED : Ogilvie-Grant v East (1983) 7 ACLR 669 Slough Estates Ltd v Slough Borough Council [1968] Ch 299 Surfing Hardware International Holdings Pty Ltd v McCausland (2008) 171 FCR 533 Thames Launches Ltd v Trinity House Corporation of Deptford Strond [1961] Ch 197 Vagrand Pty Ltd (in liq) v Fielding (1993) 10 ACSR 373