FEDERAL COURT OF AUSTRALIA
Coeur De Lion Investments Pty Limited v The President’s Club Limited (No 3) [2020] FCA 1848
File number(s): QUD 79 of 2020 Judgment of: GREENWOOD J Date of judgment: 21 December 2020 Catchwords: CORPORATIONS – consideration of an application filed in relation to matters concerning the Coolum Resort litigation Cases cited: Coeur De Lion Investments Pty Limited v The President’s Club Limited (No 2) [2020] FCA 1705 Division: General Division Registry: Queensland National Practice Area: Commercial and Corporations Sub-area: Corporations and Corporate Insolvency Number of paragraphs: 4 Date of hearing: 18 December 2020 Counsel for the First Plaintiff: Mr P Dunning QC and Mr K Byrne Solicitor for the First Plaintiff: Alexander Law Counsel for the Second to Sixth Defendants: Mr G Handran QC Solicitor for the Second to Sixth Defendants: McBride Legal Solicitor for the Applicants: HWL Ebsworth Lawyers ORDERS
QUD 79 of 2020 BETWEEN: COEUR DE LION INVESTMENTS PTY LTD (ACN 006 334 872)
Plaintiff
PALMER LEISURE COOLUM PTY LTD (ACN 146 828 122)
Second PlaintiffAND: THE PRESIDENT'S CLUB LIMITED (ACN 010 593 263)
Defendant
ORDER MADE BY:
GREENWOOD J
DATE OF ORDER:
21 DECEMBER 2020
THE COURT ORDERS THAT:
1.Butlime Pty Ltd, Sovori Pty Ltd and Renlana Pty Limited (the “applicants”) file and serve any further material upon which they propose to rely by 29 January 2021.
2.The plaintiffs in the proceeding and the first defendant, and the second to sixth defendants (to the extent that they remain involved in the proceeding) file and serve their material by 12 February 2021.
3.The applicants file and serve any material in reply and submissions by 26 February 2021.
4.The plaintiffs and the first defendant, and the second to sixth defendants (to the extent that those parties remain involved) file and serve submissions by 5 March 2021.
5.The applicants file and serve any submissions in reply by 12 March 2021.
6.The application is set down for hearing on 18 March 2021 at 10.15am.
7.The costs of the case management hearing on 18 December 2020 are reserved.
8.Pursuant to s 23 and s 37P of the Federal Court of Australia Act 1976 (Cth), rule 1.32 and rule 1.36 of the Federal Court Rules 2011, these orders and the reasons for judgment in support of these orders are made and published from Chambers.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
GREENWOOD J:
These proceedings are concerned with interim arrangements in relation to an application made in the principal proceeding commenced by Coeur De Lion Investments Pty Limited by Butlime Pty Ltd (“Butlime”), Sovori Pty Ltd (“Sovori”) and Renlana Pty Limited (“Renlana”).
Each applicant seeks to apply pursuant to Order 4 of the orders made on 23 November 2020. The background to those orders of 23 November 2020 is set out in Coeur De Lion Investments Pty Limited v The President’s Club Limited (No 2) [2020] FCA 1705. Those orders have the effect of resolving a series of actions including the class action proceeding: QUD 734 of 2019. As to that matter, see [19] and [51]‑[55] of the reasons mentioned at [2] of these reasons.
In the ordinary course, in the context of making orders for the conduct of the applications, it would not be necessary to provide the parties with reasons for those orders. However, I simply want to mention some background matters that ought not to be lost at the very outset. First, it seems to me important to note that Butlime, Sovori and Renlana are members of the class whose claims were settled by reason of the orders and the Deed of Settlement. They are not parties standing outside the closed class. It seems to me important to note that matter when considering the present application and the various contentions which emerged at the case management hearing on Friday, 18 December 2020 as to the scope and characterisation of the orders. Second, as the parties begin to engage on these various directions, costs are likely to become a significant matter. I do not wish to add anything further.
As to the proposed timetable for the resolution of the present application, the timetable will be set out in the orders recited with these reasons.
I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Greenwood. Associate:
Dated: 21 December 2020
SCHEDULE OF PARTIES
QUD 79 of 2020 Defendants
Second Defendant
PATRICK JOHN KELLY
Third Defendant
IAN GEORGE LEWIS
Fourth Defendant
BRUCE MURDOCH WALLIS
Fifth Defendant
COLIN WAYNE OWEN
Sixth Defendant
MAREE KAY FRECKLINGTON
Applicants
First Applicant
BUTLIME PTY LTD ACN 060 658 522 ATF THE BUTLIME TRUST
Second Applicant
SOVORI PTY LTD ACN 002 875 381
Third Applicant
RENLANA PTY LIMITED ACN 003 121 686
- AGLC
- Coeur De Lion Investments Pty Limited v The President's Club Limited (No 3) [2020] FCA 1848
- Case
- [2020] FCA 1848
- Decision Date
CaseChat Overview and Summary
The court was required to address several legal issues, including the appropriate timelines for the filing and serving of material by the parties, the necessity of a case management hearing to manage the litigation effectively, and the allocation of costs associated with the hearing that had already taken place. The court had to balance the interests of the applicants in expediting the process against the rights of the other parties involved to be heard and to prepare adequately for the hearing.
In its judgment, the court considered the urgency of the matter and the need for efficient case management, given the complexity and the volume of material already involved in the litigation. The court set precise timelines for the filing and serving of material and submissions, ensuring that all parties had adequate notice and opportunity to prepare. It also scheduled a specific date for the case management hearing to allow the court to oversee the progress of the case and provide any necessary directions. The court reserved the costs of the previous hearing, indicating that a final decision on costs would be made at a later stage.
The court made several orders to facilitate the orderly progression of the case, including specific dates by which the applicants and other parties were required to file and serve material and submissions. The hearing was set for 18 March 2021, with costs of the previous hearing reserved for further consideration. These orders reflect the court's commitment to managing the case effectively while ensuring that all parties have the opportunity to be heard and to prepare their cases thoroughly.
Orders
Orders of the court
1. Butlime Pty Ltd, Sovori Pty Ltd and Renlana Pty Limited (the “applicants”) file and serve any further material upon which they propose to rely by 29 January 2021.
2. The plaintiffs in the proceeding and the first defendant, and the second to sixth defendants (to the extent that they remain involved in the proceeding) file and serve their material by 12 February 2021.
3. The applicants file and serve any material in reply and submissions by 26 February 2021.
4. The plaintiffs and the first defendant, and the second to sixth defendants (to the extent that those parties remain involved) file and serve submissions by 5 March 2021.
5. The applicants file and serve any submissions in reply by 12 March 2021.
6. The application is set down for hearing on 18 March 2021 at 10.15am.
7. The costs of the case management hearing on 18 December 2020 are reserved.
8. Pursuant to s 23 and s 37P of the Federal Court of Australia Act 1976 (Cth), rule 1.32 and rule 1.36 of the Federal Court Rules 2011, these orders and the reasons for judgment in support of these orders are made and published from Chambers.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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