SUPREME COURT OF QUEENSLAND
CITATION:
ASIC v Atlantic 3 Financial (Aust) Pty Ltd [2006] QCA 540
PARTIES:
AUSTRALIAN SECURITIES AND INVESTMENT COMMISSION
(applicant/not a party to the appeal)
GREGORY MICHAEL MOLONEY and PETER IVAN FELIX GEROFF
(applicants/respondents)
v
ATLANTIC 3-FINANCIAL (AUST) PTY LTD
(ACN 056 262 723)
(first respondent/not a party to the appeal)
FREDRIC MICHAEL ACKER
(second respondent/first appellant)
GERILYN MARIE POLANSKI
(third respondent/second appellant)FILE NO/S:
Appeal No 5732 of 2006
SC No 4426 of 2003DIVISION:
Court of Appeal
PROCEEDING:
General Civil Appeal
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
15 December 2006
DELIVERED AT:
Brisbane
HEARING DATE:
13 October 2006
JUDGES:
Williams and Jerrard JJA and Philip McMurdo J
Separate reasons for judgment of each member of the Court, Williams JA and McMurdo J concurring as to the orders made, Jerrard JA dissentingORDER:
1. Appeal dismissed
2. Appellants to pay the costs of the appeal to be assessed on a standard basis
CATCHWORDS:
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – ILLEGAL AND VOID CONTRACTS – EFFECT OF ILLEGALITY OR INVALIDITY – IN GENERAL – appellants were ordered to pay respondents’ costs – costs to be assessed on the standard basis up until specified date and thereafter on an indemnity basis – respondents applied for assessment of costs statement – appellants objected to validity of agreement between respondents and their solicitors – Senior Deputy Registrar held agreement was “void” under s 48F Queensland Law Society Act 1952 (Qld) (“the Act”) – on appeal a Supreme Court Trial Division judge declared client agreement complied with s 48 – whether client agreement between respondents and their solicitors complied with s 48 of the Act
Acts Interpretation Act 1954 (Qld), s 14B
Parliament of Queensland Act 2001 (Qld), s 8
Queensland Law Society Act 1952 (Qld), 6ZA, s 6ZB, s 48, s 48F
Uniform Civil Procedure Rules 1999 (Qld), r 704(3)ASIC v Atlantic 3 - Financial (Aust) Pty Ltd & Ors [2006] QSC 152; BS 4426 of 2003, 23 June 2006, considered
Casey v Quabba& Anor [2007] 1 Qd. R. 297, considered
Herald & Ors v Worker Bee (Brisbane) Pty Ltd [2004] 2 Qd. R. 263, considered
In Re WP Morgan (1881) 1 QLJ 49, considered
In Re Herbert (1887) 34 Ch D 504, considered
Struber v McNamara & Associates [2003] QSC 372; S 8979 of 2003, 3 November 2003, considered
COUNSEL:
P J Davis SC for the appellants
P H Morrison QC, with S J Lee, for the respondentsSOLICITORS:
Lynch & Co for the appellants
Gadens Lawyers for the respondents
WILLIAMS JA: The relevant facts and legislative provisions are fully set out in the reasons for judgment of McMurdo J and Jerrard JA and I will not repeat them.
In dealing with the appellant's contention that the client agreement did not comply with clause 11 of the prescribed notice, McMurdo J and Jerrard JA reasoned differently in concluding that non-compliance had not been established. In my view there is validity in each approach,…
Keep reading for free
Create a free CaseChat account to read ASIC v Atlantic 3 Financial (Aust) Pty Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2006] QCA 540
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the agreement between the respondents and their solicitors complied with section 48 of the Act. The court considered the terms of the agreement and whether it complied with the requirements of the Act. The court found that the agreement complied with section 48 of the Act and dismissed the appeal. The court also found that the appellants were to pay the costs of the appeal on a standard basis.
In summary, the court dismissed the appellants' appeal and found that the agreement between the respondents and their solicitors complied with section 48 of the Queensland Law Society Act 1952 (Qld). The appellants were ordered to pay the costs of the appeal on a standard basis.
Orders
Orders of the court
1. Appeal dismissed
2. Appellants to pay the costs of the appeal to be assessed on a standard basis
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.