Cart Provider Pty Ltd v Park

SUPREME COURT OF QUEENSLAND

CITATION:

Cart Provider Pty Ltd & Ors v Park & Ors [2016] QSC 277

PARTIES:

CART PROVIDER PTY LTD

(first applicant)

CHINA FIRST PTY LTD

(second applicant)

WARATAH COAL PTY LTD

(third applicant)

CLIVE FREDERICK PALMER

(fourth applicant)

QNI RESOURCES PTY LTD

(fifth applicant)

QNI METALS PTY LTD

(sixth applicant)

v

JOHN PARK

(first respondent)

STEFAN DOPKING

(second respondent)

KELLY-ANNE TRENFIELD

(third respondent)

QUENTIN OLDE

(fourth respondent)

QUEENSLAND NICKEL PTY LTD (IN LIQUIDATION)

(fifth respondent)

FILE NO/S:

SC No 6150 of 2016

DIVISION:

Trial Division

PROCEEDING:

Application

DELIVERED ON:

22 November 2016, ex tempore

DELIVERED AT:

Brisbane

HEARING DATE:

22 November 2016

JUDGE:

Bond J

ORDER:

The direction of the Court is that after 22 November 2016 all applicants in this proceeding are to be represented by the same solicitors and counsel.

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – PARTIES AND REPRESENTATION – LEGAL REPRESENTATION – SEPARATE LEGAL REPRESENTATION – where co-applicants are related entities – where the co-applicants were previously represented by the same solicitors – where the fourth applicant gave notice to the respondents that he was now acting in person – where the fourth applicant submits that separate representation is necessary to manage the possibility of conflict between his interests and the interests of the other applicants – whether there is any basis to conclude that the interests of justice are served by permitting the separate representation sought by the fourth applicant

Blatch v Australian Solar Information Pty Ltd (unreported, No. 59 of 1986, 25 July 1986), cited
Goold and Porter Pty Ltd v Housing Commission [1974] VR 102, cited

MDA National Limited v Medical Defence Australia Limited [2014] FCA 954, cited

COUNSEL:

N H Ferrett for the first, second, third, fifth and sixth applicants
The fourth applicant appeared on his own behalf

A B Crowe QC, with C G Curtis, for the respondents

SOLICITORS:

Kilmurray Legal for the first, second, third, fifth and sixth applicants
The fourth applicant appeared on his own behalf

HWL Ebsworth for the respondents

1. As presently constituted, there are six co-applicants in proceeding 6150 of 2016, which I shall refer to as the Liquidators removal proceeding, namely:

   (a)Cart Provider Pty Ltd;

   (b)China First Pty Ltd;

   (c)Waratah Coal Pty Ltd;

   (d)Mr Clive Palmer;

   (e)QNI Resources Pty Ltd; and

   (f)QNI Metals Pty Ltd. 

2. There are five respondents, namely:

   (a)the four natural persons who are the general purpose liquidators of the fifth respondent, Queensland Nickel Pty Ltd, a company in liquidation, and

   (b)Queensland Nickel. 

3. The first, second, third, fifth and sixth applicant companies are part of a group of companies which, in the management of a number of related proceedings on the Commercial List, are identified in case management orders that I make as “the Palmer parties”.  They are so referred to because of their relationship to Mr Palmer.

4. It was common ground before me that: 

   (a)Mr Palmer is the ultimate owner of Cart Provider, China First and Waratah Coal; 

   (b)companies controlled by Mr Palmer have…