Asia Pacific IntP/L v Peel Valley Mushrooms Ltd & Symons

In the Supreme Court of Queensland, Asia Pacific International Pty Ltd, a trustee for the Pacific Property Resources Group, filed a lawsuit against Peel Valley Mushrooms Limited and Gregory Bernard Symons. Asia Pacific International Pty Ltd sought to recover money due and owing under a guarantee. Peel Valley Mushrooms Limited, the first defendant, and Gregory Bernard Symons, the second defendant, filed a defense and counterclaim. The defendants' counterclaim alleged that Asia Pacific International Pty Ltd's solicitors had an equitable duty to perfect a mortgage and a duty to take reasonable care to ensure that the benefit of the registered mortgage would not be lost. They also sought to recover over $578,000 as money paid under a mistake.

The court had to decide whether the defendants could join the plaintiff's solicitors in the counterclaim. The court considered the relevant statutory provisions and case law, including Smith v Buskell, Times Cold Storage Co v Lowther & Blankley, and Watkins Ltd v Plancorp No 6 Pty Ltd. The court found that the claims against the plaintiff and the plaintiff's solicitors were not the same and did not overlap in the required manner. The court held that the joinder of the plaintiff's solicitors in the counterclaim was not permissible.

The court struck out the counterclaim to the extent that it related to the plaintiff's solicitors. The court also ordered that the certificate of readiness be dispensed with, that the action be placed on the callover list, and that the first defendant pay the plaintiff's costs of and incidental to the summons. The court confirmed the order of Helman J that the action be certified as one that ought to be tried speedily.