Brookfield v Realestate Now Pty Ltd

DISTRICT COURT OF QUEENSLAND

CITATION: 

Brookfield v Realestate Now Pty Ltd and Another [2022] QDC 87

PARTIES: 

IAN BROOKFIELD  
(Plaintiff)

v

REALESTATE NOW PTY LTD (ACN 153 307 432)
(First Defendant)

AND

MARK WILLIAM MERGARD

(Second Defendant)

FILE NO:

 868/21

DIVISION:

 Civil

PROCEEDING:

 Application 

ORIGINATING COURT: 

 Brisbane District Court

DELIVERED ON:

1 April 2022

DELIVERED AT:

Brisbane (ex tempore)

HEARING DATE: 

1 April 2022

JUDGE:

Porter QC DCJ

ORDER:

1.   The application is dismissed.

2. Pursuant to Rule 368(2) Uniform Civil Procedure Rules 1999, all applications brought in relation to this matter (868 of 2021) be heard and determined by Judge Burnett of the District Court.

3. Pursuant to Rule 389A Uniform Civil Procedure Rules 1999, the Plaintiff must not, without leave of Judge Burnett of the District Court:

                   i.              Make a further application in relation to the existing proceeding; or

                 ii.             Start a similar proceeding in the court against a party to the existing proceeding or against a party to the existing proceeding and any other person.

CATCHWORDS:

CIVIL PRACTICE AND PROCEDURE – ABUSE OF PROCESS – RESTRICTING PARTICULAR APPLICATIONS – Where the plaintiff brought an urgent application before the Court – Whether the application was an abuse of process – Plaintiff restricted from bringing future applications in existing or similar proceedings  

APPEARANCE:

Plaintiff in person   

Second Defendant in person 

1. This is an interlocutory application by the plaintiff, Mr Brookfield. The respondent to the interlocutory application is the second defendant, Mr Mergard.  This application is described as an interlocutory application, but it might reasonably be said that that is a misnomer.  The seeks the following relief: 

   (a)First, that Mr Mergard (identified as the sole director and shareholder) take immediate steps to reregister the first defendant company, Realestate Now Pty Ltd (REN);  

   (b)Second that following reregistration, Mr Mergard’s leave to represent the company in these proceedings be withdrawn. 

   (c)Thirdly, a receiver be appointed over Realestate Now Pty ltd (REN). 

2. This application was brought on an urgent basis and was filed the day before yesterday.  I previously made an order under rule 368(1) Uniform Civil Procedure Rules 1999 (UCPR) that Judge Burnett manage the matter and his Honour has made directions with the objective of resolving this matter by trial. When I made that order, I overlooked also making an order under Rule 368(2) UCPR that all applications in relation to the proceeding be heard and decided by his Honour. For that reason, this application, which was unable to be dealt with by his Honour, was listed in applications. That should not have happened and to avoid it happening in the future, I make an order that all applications in relation to this proceeding be heard and determined by the District Court constituted by Judge Burnett.

3. The application should be dismissed for the following reasons.

4. The first order of the interlocutory application was ultimately not pressed by Mr Brookfield today.  He informed the Court from the Bar Table…