Australian Insolvency Group Pty Ltd v LCM Litigation Investment Fund No 1 Pty Ltd [2016] NSWSC 471

Supreme Court New South Wales

Medium Neutral Citation: Australian Insolvency Group Pty Ltd v LCM Litigation Investment Fund No 1 Pty Ltd [2016] NSWSC 471 Hearing dates: 13 April 2016 Decision date: 21 April 2016 Jurisdiction: Equity Before: Meagher JA Decision: 1. Dismiss the second defendant's (LCM's) notice of motion filed 8 April 2016 for the determination of separate questions and to strike out paragraphs of the List Statement. 2. Order LCM pay the plaintiff's (AIG's) costs of the motion in order 1. 3. Dismiss LCM's notice of motion filed 8 April 2016 to set aside the two notices to produce. 4. Make no order as to the costs of the motion in order 3. 5. Grant liberty to either party to apply within seven days to vary order 4, any such application to be made by lodging written submissions (not to exceed two pages) with my Associate and by serving those submissions on the other party. Any response to those written submissions (not to exceed two pages) is to be lodged and served within seven days of receipt of the moving party's submissions. The question of costs will then be determined on the papers. 6. Confirm the order granting leave to AIG to file its Amended Commercial List Statement. 7. Order AIG pay the defendants' costs thrown away by the amendments resulting from order 6. 8. Otherwise dismiss AIG's notice of motion filed 11 April 2016 for consolidation, interlocutory orders as to the payment of monies and a direction as to the service of pleadings on Vannin Capital Limited. 9. Order AIG pay the first and second defendants' costs of the motion in order 8. 10. Dismiss the prayers for relief in paragraphs 3 to 5 of the Summons filed 23 March 2016. 11. Stand the proceedings over to the Commercial List on 22 April 2016 for further directions. Catchwords: PROCEDURE – application for determination of separate questions – where parties not agreed as to formulation of questions – whether proposed separate questions address allegations as pleaded – application to strike out paragraphs of pleadings – whether no reasonable cause of action disclosed – application to consolidate related proceedings – whether common question of fact – application for interlocutory relief – whether necessary to make order for payment of monies into Court to protect trust assets pending determination of issues as to breach of trustee's obligations and duties – no question of principle Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 14.28, 28.5 Cases Cited: LCM Litigation Fund Pty Ltd v Coope; Coope v LCM Litigation Fund Pty Ltd (No 2) [2015] NSWSC 992 Category: Procedural and other rulings Parties: Australian Insolvency Group Pty Ltd (Plaintiff) LCM Litigation Investment Fund No 1 Pty Ltd (First Defendant) LCM Litigation Fund Pty Ltd (Second Defendant) Heli-Saw Holdings Pty Ltd (Third Defendant) Representation: Counsel: JR Clarke SC with T Kane (Plaintiff) TGR Parker SC with EAJ Hyde (Defendants)