JD Thompson Personnel Pty Limited v Asgard Capital Management Limited [2011] NSWSC 811

Supreme Court New South Wales

Medium Neutral Citation: JD Thompson Personnel Pty Limited v Asgard Capital Management Limited [2011] NSWSC 811 Hearing dates: 29 July 2011 Decision date: 29 July 2011 Jurisdiction: Equity Division Before: Hallen AsJ Decision: Order that Wayne Ford be appointed to represent the interests of the persons identified in the schedules to the draft amended statement of claim ("the represented members") in the form annexed to the Plaintiff's notice of motion filed 18 July 2011 Grant leave to the Plaintiff to file an amended statement of claim in the form annexed to its notice of motion filed 18 July 2011 and that such amended statement of claim be filed within 7 days; Order that the proceedings continue in accordance with the Rules; Order that the proceedings not be settled, or discontinued, without the leave of the court; Order that the Plaintiff send, within 7 days, written notice, by post, to each of the represented members, such notice to state: (i) that the proceedings are being continued with a representative of that represented member, having been appointed to represent the interests of the represented member in the proceedings, together with the identity, and contact details, of the representative Defendant's solicitors; (ii) the nature of the costs agreement made between the Plaintiff and the representative Defendant; (iii) where a copy of the pleadings may be inspected and the identity of the person to be contacted to arrange such inspection; (iv) the right of the represented member, within 28 days of the receipt of the written notice (or within such other time as the court allows), to seek to be joined as a separate party in the proceedings; (v) that in the proceedings, the court may determine a question of law and/or of fact, make a declaration of liability, or grant any equitable, or other, relief. (vi) that a judgment, or order, made in proceedings, will bind each of the represented members, as if he, or she, had been a party to the proceedings. Direct the Plaintiff's solicitors to file an affidavit, in admissible form, of service by post upon each of the represented members within 28 days of the postage of the written notices referred to. Stand the proceedings over, for further directions, before the Registrar at 9:00 a.m. on 12 August 2011. Order that the Exhibit be returned. Catchwords: Notice of motion seeking to amend Statement of Claim so as to join a second Defendant and seeking an order pursuant to r 7.6(1)(c) of Uniform Civil Procedure Rules Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Government Insurance Office (NSW) v Johnson [1981] 2 NSWLR 617 JD Thompson Personnel Pty Ltd v Asgard Capital Management Pty Ltd; Adam Shepard As Liquidator Of JD Thompson Personnel Pty Ltd [2011] NSWSC 60 Category: Principal judgment Parties: JD Thompson Personnel Pty Limited (Plaintiff) Asgard Capital Management Limited (first Defendant) Wayne Ford (second Defendant) Representation: Counsel: Mr N Bender (Plaintiff) No appearance by first Defendant Mr A Fernon (second Defendant) Solicitors: Deutsch Miller (Plaintiff) Sparke Helmore (first Defendant) File Number(s): 2010/142332