DISTRICT COURT OF QUEENSLAND
CITATION:
Austech Concrete Constructions Pty Ltd v Crown Consultants Pty Ltd & Anor [2013] QDC 272
PARTIES:
AUSTECH CONCRETE CONSTRUCTIONS PTY LTD
(plaintiff)
v
CROWN CONSULTANTS PTY LTD
(first defendant)
and
JAMES ROBERT JOHNSTONE
(second defendant)
FILE NO/S:
4015/12
DIVISION:
Civil
PROCEEDING:
Application
DELIVERED ON:
30 October 2013
DELIVERED AT:
Brisbane
HEARING DATE:
28 August 2013
JUDGE:
Farr SC DCJ
ORDER:
The application for disclosure is allowed.I will hear the parties as to the orders that should be made regarding this issue. 1.
The application for an order pursuant to r 233(2) is allowed.I will hear the parties as to the order that should be made regarding this issue. 2.
The application to join Mr Zdrilich is adjourned to a date to be fixed.3.
The application for security for costs is dismissed.4.
The first and second defendants have leave to file and serve a Further Amended Defence and Counterclaim within 14 days of the date of this order. 5.
I will hear submissions as to costs.6.
CATCHWORDS:
CIVIL – APPLICATION – DISCLOSURE - procedure - discovery and interrogatories - discovery and inspection of documents - discovery of documents – Uniform Civil Procedure Rules – r 211 - whether a document is directly relevant to an allegation in issue
CIVIL – APPLICATION – –PROCEDURE – PARTIES – application to join party - Uniform Civil Procedure Rules – r 69(1)(b)(i) and (ii) – whether presence before the court is necessary or desirable - Civil Liability Act – section 30 – whether concurrent wrongdoer
CIVIL – APPLICATION – SECURITY FOR COSTS - corporations - costs - security for costs – Corporations Act – section 1335 – Uniform Civil Procedure rules – r 617(a) - whether reason to believe corporation unable to pay defendant's costs
COUNSEL:
G Coveney for the plaintiff
N H Ferret for the defendants
SOLICITORS:
HW Litigation for the plaintiff
Turner Freeman Lawyers for the defendants
There are three applications for the court to consider. The first was filed by the plaintiff seeking orders relating to disclosure. The remaining two were filed by the defendants. The first seeks to join a party and the second is for security for costs. Each of the applications is opposed.
Background
The plaintiff corporation operates a business servicing the construction industry. The first defendant is a company that provides accounting and taxation services to business. The second defendant is the director of the first defendant.
The plaintiff sues to recover payments that it alleges were made for the purpose of passing on to the Australian Taxation Office (“ATO”). The defendants contend that the payments were made on invoices issued by the first defendant pursuant to an agreement to provide business consulting services.
In reply, the plaintiff affirms the statement of claim and says that:
(a) the consultancy agreement was never signed, the signature of the plaintiff’s principal, Mr Zdrilich having been forged; and
(b) the consultancy agreement cannot be binding on the plaintiff because it was executed before…
Keep reading for free
Create a free CaseChat account to read Austech Concrete Constructions Pty Ltd v Crown Consultants P... 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
- [2013] QDC 272
- Decision Date
CaseChat Overview and Summary
The court considered the Uniform Civil Procedure Rules and the Civil Liability Act in relation to the application for discovery. The court determined that certain documents were directly relevant to the allegations in issue and granted the application for disclosure. The court also considered the Corporations Act and the Uniform Civil Procedure Rules in relation to the application for security for costs. The court found that there was no reason to believe that the first defendant was unable to pay the costs and dismissed the application for security for costs. The court considered the Civil Liability Act in relation to the application to join Mr Zdrilich and adjourned the application to a later date.
The court granted the application for disclosure and allowed the application for an order pursuant to rule 233(2). The court dismissed the application for security for costs and adjourned the application to join Mr Zdrilich to a later date. The court granted leave for a Further Amended Defence and Counterclaim to be filed and served within 14 days of the date of the order. The judge scheduled a hearing for submissions on costs.
The court made orders that the application for disclosure is allowed, and the parties will be heard regarding the orders that should be made. The application for an order pursuant to rule 233(2) is allowed, and the parties will be heard regarding the order that should be made. The application to join Mr Zdrilich is adjourned to a date to be fixed. The application for security for costs is dismissed. The first and second defendants have leave to file and serve a Further Amended Defence and Counterclaim within 14 days of the date of this order. The judge will hear submissions as to costs.
Orders
Orders of the court
The application for disclosure is allowed.I will hear the parties as to the orders that should be made regarding this issue. 1.
The application for an order pursuant to r 233(2) is allowed.I will hear the parties as to the order that should be made regarding this issue. 2.
The application to join Mr Zdrilich is adjourned to a date to be fixed.3.
The application for security for costs is dismissed.4.
The first and second defendants have leave to file and serve a Further Amended Defence and Counterclaim within 14 days of the date of this order. 5.
I will hear submissions as to costs.6.
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.