UAERJ Pty Ltd v Jupiters Ltd [2014] NSWCA 213

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: UAERJ Pty Ltd v Jupiters Ltd [2014] NSWCA 213 Hearing dates: 6 May 2014 Decision date: 03 July 2014 Before: Beazley P at [1]; McColl JA at [2]; Macfarlan JA at [3] Decision: (1) Appeal allowed. (2) Cross-appeal dismissed. (3) Set aside the following orders made on 23 October 2013: (a) Order 1 made in proceedings 2013/131366; (b) Orders 1, 2 and 5 made in proceedings 2013/164924. (4) Judgment for the first, second, fifth, sixth and seventh defendants on Jupiters Ltd's claims against them in proceedings 2013/164924. (5) Order Jupiters Ltd to pay the costs of those defendants at first instance and of the appeal and cross-appeal. (6) Grant Jupiters Ltd a certificate under the Suitors' Fund Act 1951, if qualified. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: EQUITY - assignment or charge of property - appellant engaged agent to organise tour by musical group The Jacksons - agent gave concert venues irrevocable directions to pay part of ticket sale proceeds to the respondent to discharge personal debt - whether agent had authority to deal with ticket sale proceeds on behalf of appellant - whether appellant precluded from withdrawing irrevocable directions to pay - election - whether appellant's conduct in earlier District Court action precluded it from bringing the present proceedings - whether appellant had alternative or cumulative remedies Legislation Cited: Conveyancing Act 1919 (NSW), s 12 Property Law Act 1969 (WA), ss 11, 20 Uniform Civil Procedure Rules 2005 (NSW), r 14.26 Cases Cited: Baxter v Obacelo Pty Ltd [2001] HCA 66; 205 CLR 635 Con-Stan Industries of Australia Pty Ltd v Norwich Winterthur Insurance (Australia) Ltd [1986] HCA 14; 160 CLR 226 Damberg v Damberg [2001] NSWCA 87; 52 NSWLR 492 Habib v Radio 2UE Sydney Pty Ltd [2009] NSWCA 231 Petersen v Moloney [1951] HCA 57; 84 CLR 91 Tang Man Sit v Capacious Investments Ltd [1996] AC 514 United Australia Ltd v Barclays Bank Ltd [1941] AC 1 Category: Principal judgment Parties: UAERJ Pty Ltd (Appellant/First Cross-Respondent) Ruchitha Perera (Second Appellant/Second Cross-Respondent) Jupiters Ltd (Respondent/Cross-Appellant) UAE Presents Pty Ltd (Third Cross-Respondent) John Denison (Fourth Cross-Respondent) Brisbane City Council (Fifth Cross-Respondent) State of New South Wales (Sixth Cross-Respondent) AEG Ogden (Perth Arena) Pty Ltd (Seventh Cross-Respondent) Representation: Counsel: T J Morahan (Appellants/First and Second Cross-Respondents) K Dawson/J Curtin (Respondent/ Cross-Appellant) Submitting Appearance (Sixth Cross-Respondent) Solicitors: Emprise Legal (Appellants/First and Second Cross-Respondents) King & Wood Mallesons (Respondent/Cross-Appellant) UAE Presents Pty Ltd (Third Cross-Respondent) John Denison (Fourth Cross-Respondent) Brisbane City Legal Practice (Fifth Cross-Respondent) NSW Crown Solicitor's Office (Sixth Cross-Respondent) Clayton Utz (Seventh Cross-Respondent) File Number(s): CA 2013/349095 Decision under appeal Jurisdiction: 9111 Citation: Jupiters Ltd v UAERJ Pty Ltd [2013] NSWSC 1469 Date of Decision: 2013-10-04 00:00:00 Before: Stevenson J File Number(s): SC 2013/164924