Ford Motor Company of Australia Limited v Tallevine Pty Ltd (as trustee for the Thornleigh Trading Trust) [2017] NSWSC 1703

Supreme Court New South Wales

Medium Neutral Citation: Ford Motor Company of Australia Limited v Tallevine Pty Ltd (as trustee for the Thornleigh Trading Trust) [2017] NSWSC 1703 Hearing dates: 27-29 November 2017 Date of orders: 08 December 2017 Decision date: 08 December 2017 Jurisdiction: Common Law Before: Harrison J Decision: (1) Subject to order 2, dismiss the plaintiff's notice of motion filed on 7 September 2017. (2) Order that the defendant provide security for the plaintiff's costs referable to its defence of the cross-claim in the sum of $150,000. (3) Dismiss Tallevine's notice of motion filed on 6 October 2017. (4) Order that the costs of the motions shall be the costs in the proceedings on Tallevine's cross-claim. Catchwords: PRACTICE AND PROCEDURE – where plaintiff seeks order that defendant is guilty of contempt for breach of Consent Orders – where plaintiff seeks advanced ruling on admissibility of evidence – where plaintiff seeks security for costs – where defendant seeks order to vacate Consent Orders – whether defendant relied upon representations made by plaintiff during mediation – whether settlement agreement was vitiated by the alleged representations – whether cross-claim should be summarily dismissed – whether consent orders should be stayed until outcome of defendant's cross-claim is known Legislation Cited: Civil Procedure Act 2005 Corporations Act 2001 Evidence Act 1995 Uniform Civil Procedure Rules 2005 Cases Cited: Agar v Hyde (2000) 201 CLR 552; [2000] HCA 41 Attorney-General v Wentworth (1988) 14 NSWLR 481 Dey v Victorian Railways Commissioners (1949) 78 CLR 62; [1949] HCA 1 Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87; [1983] HCA 25 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Lewis v Lamb [2011] NSWSC 873 NA & J Investments Pty Ltd v Minister Administering the Water Management Act 2000 (No 4) [2012] NSWLEC 120 R v TR (2004) 180 FLR 424 TKWJ v The Queen (2002) 212 CLR 124; [2002] HCA 46 Tony Azzi (Automobiles) Pty Ltd v Volvo Car Australia Pty Ltd (2007) 71 NSWLR 140; [2007] NSWSC 375 Transocean Capital Ltd v AFSIG Pty Ltd (2002) 202 FLR 270; [2006] NSWSC 806 Webster v Lampard (1993) 177 CLR 598; [1993] HCA 57 Category: Procedural and other rulings Parties: Ford Motor Company of Australia Limited (Plaintiff) Tallevine Pty Ltd as trustee for Thornleigh Trading Trust (Defendant) Representation: Counsel: P Wallis (Plaintiff) S Burchett (Defendant)