D A Shannon v G A Shannon; D & W Shannon Pty Ltd v G A Shannon [No 2] [2013] NSWSC 1222

Supreme Court New South Wales

Medium Neutral Citation: D A Shannon v G A Shannon; D & W Shannon Pty Ltd v G A Shannon [No 2] [2013] NSWSC 1222 Hearing dates: 28 June 2013 Decision date: 02 September 2013 Jurisdiction: Common Law Before: Rothman J Decision: (1) Separate proceedings be commenced by the applicant on the motion seeking to set aside the judgment of Davies J. (2) The entry of that judgment be set aside. (3) The execution or enforcement of the judgment of Davies J be stayed pending the outcome of the motion and the separate proceedings. (4) The motions be stood over to be heard together with the separate proceedings to be commenced by the Commonwealth Bank as earlier stated. (5) Costs be costs in the cause on the motion and the other proceedings commenced pursuant to these directions. (6) Any proceedings, commenced pursuant to these orders, be commenced within 14 days hereof. Catchwords: PRACTICE AND PROCEDURE - motion to set aside judgment on the basis of abuse of process and fraud - necessity for separate proceedings where fraud alleged - facts not in issue - merit in ensuring no advantage or disadvantage arising from judgment sought to be set aside - direction to file separate proceedings to be held jointly with motion based on abuse - entry and execution/enforcement of impugned judgment stayed Legislation Cited: Civil Procedure Act 2005 Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 Cases Cited: Commonwealth Bank of Australia v G A Shannon [2013] NSWSC 1076 Spies v Commonwealth Bank of Australia (1991) 24 NSWLR 691 Teoh v Hunters Hill Council (No 5) [2012] NSWCA 75 Category: Interlocutory applications Parties: 2013/117170: Commonwealth Bank of Australia (Applicant) Dallas August Shannon (Plaintiff/First Respondent) Geoffrey Anthony Shannon (Defendant/Second Respondent) Mr William Roland Robson, Robson Cotter Insolvency Group (Third Respondent)