Ashton v Pope (No 2)

FEDERAL COURT OF AUSTRALIA

Ashton v Pope (No 2) [2025] FCA 1121

File number:

WAD 232 of 2022

Judgment of:

BANKS-SMITH J

Date of judgment:

10 September 2025

Catchwords:

PRACTICE AND PROCEDURE – cross-vesting application to cross-vest Federal Court of Australia proceedings to the Supreme Court of Western Australia – where various extant proceedings in the Supreme Court of Western Australia relating to same factual foundation of conduct of affairs of Welldog Pty Ltd – where parties seek transfer by consent – where potential overlap of issues to be decided – whether case management principles favour management by one court – whether in the interests of justice to transfer – transfer order made

Legislation:

Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) s 5(4)

Cases cited:

Ashton v Pope [2022] FCA 1425

JKC Australia LNG Pty Ltd v AkzoNobel NV (No 5) [2023] FCA 1248

Division:

General Division

Registry:

Western Australia

National Practice Area:

Commercial and Corporations

Sub-area:

Corporations and Corporate Insolvency

Number of paragraphs:

19

Date of hearing:

Determined on the papers

Solicitor for the Applicant:

Clayton Utz

Counsel for the First Respondent:

Ms R Young SC with Ms M Mečević

Solicitor for the First Respondent:

Lavan

Solicitor for the Second Respondent:

Cowen Schwarz Marschke Lawyers

ORDERS

WAD 232 of 2022

BETWEEN:

SIMON JOHN ASHTON

Applicant

AND:

JOHN MICHAEL POPE

First Respondent

GREGORY LEO QUINN

Second Respondent

ORDER MADE BY:	BANKS-SMITH J
DATE OF ORDER:	10 SEPTEMBER 2025

THE COURT ORDERS THAT:

1.The proceeding be transferred to the Supreme Court of Western Australia pursuant to s 5(4) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth).

2.All reserved costs of the proceeding until the date of transfer be each party's costs in the cause.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

BANKS-SMITH J:

1. This transfer application concerns a proceeding in this Court about the conduct of the respondents, John Pope and Gregory Quinn, as directors of Welldog Pty Ltd.

2. The applicant, Simon Ashton, was granted the right to commence the proceeding in this Court by a deed of settlement and release entered into in 2019 which assigned to him all claims that either Welldog or its liquidators may have against Dr Pope and Mr Quinn.

3. In November 2022 I made service orders facilitating service of the originating application and associated documents on Dr Pope in the United States of America, and published reasons:  Ashton v Pope [2022] FCA 1425.

4. As summarised in those reasons, Dr Pope was a director of Welldog from December 2010, and Mr Quinn was a director and the secretary from September 2016.  Mr Quinn was also financial controller of Welldog from June 2016 to (at least) March 2017.  Dr Pope was also relevantly the chief executive officer, president, and a director of Gas Sensing Technology Corporation (GSTC).  GSTC is the ultimate parent of Welldog.

5. Mr Ashton alleges in the Federal Court proceeding that the respondents breached their respective statutory and…