Fincorp Investments Limited v Trazmar Pty Limited [2012] NSWSC 506

Supreme Court New South Wales

Medium Neutral Citation: Fincorp Investments Limited v Trazmar Pty Limited [2012] NSWSC 506 Hearing dates: 13 April 2012 Decision date: 17 May 2012 Jurisdiction: Common Law Before: Schmidt J Decision: The Court has no jurisdiction to determine the merits of the claim brought on the Fidelity Fund. Catchwords: PROCEDURE - fidelity fund - claim against fidelity fund after settlement of proceedings - cross-claim on Law Society - whether court has jurisdiction in respect of appeal on merits of claim - claim that Law Society determined claim on its merits - no decision on merits - no right to have merits of claim determined - no right to appeal to this Court as to the merits of its case - no obligation to investigate a time barred claim - Court has no jurisdiction to determine the merits of the application - separate question application - orders Legislation Cited: Administrative Decisions (Judicial Review) Act 1977 (Cth) Legal Profession Act 1987 Legal Profession Act 2004 Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Dwyer v Law Society of New South Wales [2000] NSWSC 592 Walsh v Law Society of New South Wales [1999] HCA 33; 198 CLR 73 Category: Procedural and other rulings Parties: Fincorp Investments Limited (Plaintiff) Trazmar Pty Limited (First Defendant/ First Cross-Claimant) John Gerard Ingegneri (Second Defendant/ Second Cross-Claimant) Anthony Venneri (Third Defendant/ Third Cross-Claimant) Lorenzo Flammia (First Cross-Defendant) Lawcover Insurance Pty Limited (Second Cross-Defendant) The Law Society of New South Wales (Third Cross-Defendant) Representation: Counsel: Mr NJ Beaumont with Mr T Maltz (Third Cross Defendant) Mr RD Marshall with Mr Cowpe (Cross-claimants) Solicitors: MKG Solicitors (Cross-Claimants Henry Davis York (Third Cross-Defendant) File Number(s): 2006/265191 Publication restriction: None