Chong v Cheshire Securities Pty Ltd

In the case of Chong v Cheshire Securities Pty Ltd, the matter was heard in the Supreme Court of Western Australia. The primary dispute involved the reinstatement of a deregistered company, Cheshire Securities Pty Ltd, and the implications of a prior litigation against Esanda Finance Corporation. Mrs. Chong, acting on behalf of the deregistered company, sought to challenge the outcome of a previous judgment that had been entered by default against Mrs. Yap in relation to a debt owed by Cheshire Securities Pty Ltd to Esanda Finance Corporation.

The legal issues before the court included whether the deregistered company could be reinstated and whether the judgment against Mrs. Yap, who was associated with Cheshire Securities Pty Ltd, could be challenged on procedural grounds. Additionally, the court had to consider the credibility and integrity of Mrs. Yap as assessed in previous proceedings and whether the findings made against her were pertinent to the current application.

The court examined the history of the litigation between Mrs. Yap and Esanda Finance Corporation, noting that the District Court had dismissed her application to set aside the default judgment and that the Full Court had also dismissed her appeal. The court found that the previous judgments were conclusive on the issues of credibility and integrity of Mrs. Yap and that these findings were relevant to the current application. The court concluded that there was no serious question to be tried in the current application and dismissed the application for reinstatement of the deregistered company.

The court's decision was based on the procedural history of the case, the adverse findings against Mrs. Yap, and the lack of merit in the current application. The application to reinstate the deregistered company was dismissed, and no further appeal was permitted.