Agricultural & Rural Finance Pty Limited & Anor v John Edward Atkinson & Ors [2010] NSWSC 311

New South Wales Supreme Court

CITATION : Agricultural & Rural Finance Pty Limited & Anor v John Edward Atkinson & Ors [2010] NSWSC 311

HEARING DATE(S) : 6/4/10, 13/4/10, 14/4/10, 15/4/10, 16/4/10, 19/4/10

JUDGMENT DATE : 21 April 2010

JURISDICTION : Equity Division Commercial List

JUDGMENT OF : Einstein J

DECISION : Parties to be given an opportunity to address the way forward.

CATCHWORDS : Test cases - Undertakings given to Court at first instance by sundry defendants agreeing to be bound on common questions by findings in test case - Court notes agreement of parties to be bound on common questions subject to particular defendants seeking to rely upon different surrounding circumstances - Test case proceedings heard at first instance, by the New South Wales Court of Appeal and ultimately by the High Court of Australia - Strike out motion in respect of certain paragraphs of defences and cross claims of continuing defendants - Plaintiff contends that paragraphs of the pleadings which are challenged are inconsistent with and contrary to the findings in the test case - Plaintiff's contention that to permit the pleadings would be to permit a breach of the undertakings given to the Court - Construing consent orders by reference to surrounding circumstances - Principles - Collateral attack upon final decisions of Court may take variety of forms - Whether litigants to be permitted by changing form of the proceedings, to set up the same case again

Australian Securities and Investments Commission Act 1989 LEGISLATION CITED : Contracts Review Act (1980) NSW Corporations Act (2001) Cth Trade Practices Act (1974) Cth

CATEGORY : Procedural and other rulings