Australian Insolvency Group v LCM Litigation Investment Fund No 1 (No 2) [2018] NSWSC 1571

Supreme Court New South Wales

Medium Neutral Citation: Australian Insolvency Group v LCM Litigation Investment Fund No 1 (No 2) [2018] NSWSC 1571 Hearing dates: 27/09/2018 Date of orders: 18 October 2018 Decision date: 18 October 2018 Jurisdiction: Equity - Commercial List Before: McDougall J Decision: Cross-claim dismissed in part as against second cross-defendant. Catchwords: CIVIL PROCEDURE – application to summarily dismiss cross-claim as against second cross-defendant – where factual matrix of cross-claim overlaps with earlier proceedings judicially determined – whether present proceedings should be dismissed on res judicata or issue estoppel grounds – whether proceedings should be dismissed as an abuse of process – consideration of extent of overlap between present proceedings and earlier proceedings – consideration of reasonableness in not bringing certain allegations earlier – cross-claim dismissed in part as against second cross-defendant. Legislation Cited: Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth) Cases Cited: Australian Insolvency Group Pty Limited v LCM Litigation Investment Fund No 1 Pty Ltd [2018] NSWSC 671 Batistatos v Roads and Traffic Authority (NSW) (2006) 226 CLR 256 Chamberlain v Deputy Commissioner of Taxation (1988) 164 CLR 502 Coope v LCM Litigation Fund Pty Ltd (2016) 333 ALR 524 Henderson v Henderson (1843) 3 Hare 100; 67 ER 313 LCM Litigation Fund Pty Ltd v Coope [2015] NSWSC 992 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Sea Culture International Pty Ltd v Scoles (1991) 32 FCR 275 Shepherd v Felt and Textiles of Australia Ltd (1931) 45 CLR 359 Tomlinson v Ramsey Food Processing Pty Limited (2015) 256 CLR 507 Walton v Gardiner (1993) 177 CLR 378 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 / Cross-Claimant) Heli-Saw Holdings Pty Ltd (Third Defendant) Vannin Capital Ltd (First Cross-Defendant) Patrick Mark Coope (Second Cross-Defendant) Vannin Capital PCC (Third Cross-Defendant) Representation: Counsel: R Dick SC / Y Shariff (Second Cross-Defendant / Applicant) DL Williams SC / EAJ Hyde (Cross-Claimant Respondent)