Haigh v Haddad

Case [2024] NSWSC 904


Supreme Court


New South Wales

Medium Neutral Citation: Haigh & Anor v Haddad & Anor [2024] NSWSC 904
Hearing dates: 19 – 20 July 2023
23 August 2023
Date of orders: 26 July 2024
Decision date: 26 July 2024
Jurisdiction:Common Law
Before: Weinstein J
Decision:

With respect to the Notice of Motion brought by the defendants dated 20 July 2023:-

(1) The time for service of the Notice of Motion be abridged pursuant to r 1.12 of the UCPR;

(2) The first defendant be removed as a party to the proceedings pursuant to r 6.29(a) of the UCPR; and

(3)   Each of the plaintiffs and the defendants is to bear their own costs of the motion.

With respect to the substantive proceedings:-

(1)   Orders 2 and 4 made by Harrison AsJ on 21 October 2022 be set aside;

(2) Pursuant to r 13.4 of the UCPR, the proceedings are dismissed;

(3)   The plaintiffs are to pay the defendants’ costs of these proceedings; and

(4)   In the absence of an agreement as to the costs reserved by Harrison AsJ, the parties are to contact my Associate within 14 days of this judgment, so that the matter can be listed for argument.

Catchwords:

CIVIL PROCEDURE — summary disposal — dismissal of proceedings — appeal from Associate Justice — No reasonable cause of action disclosed — reflective loss — whether reflective loss principle applies to indirect shareholders — abuse of process — where multiple prior proceedings brought on behalf of related party — proceedings dismissed

Legislation Cited:

Australian Consumer Law (Competition and Consumer Act 2010 (Cth), Sch 2)

Civil Liability Act 2002 (NSW)

Civil Procedure Act 2005 (NSW)

Crown Proceedings Act 1988 (NSW)

Environmental Planning and Assessment Act 1979 (NSW)

Fair Trading Act 1987 (NSW)

Limitation Act 1969 (NSW)

Supreme Court Act 1970 (NSW)

Trade Practices Act 1974 (Cth)

Uniform Civil Procedure Rules 2005 (NSW)

Cases Cited:

Ballard v Multiplex (2008) 68 ACSR 208; [2008] NSWSC 1019

Ballard v Multiplex Ltd [2012] NSWSC 426

CBRE (V) Pty Ltd v Trilogy Funds Management Ltd (2021) 107 NSWLR 202; [2021] NSWCA 316

Central Coast Council v Norcross Pictorial Calendars Pty Ltd (2021) 391 ALR 157; [2021] NSWCA 75

City of Botany Bay Council v Jazabas Pty Limited [2001] NSWCA 94

D’Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1; [2005] HCA 12

Dey v Victorian Railways Commissioners (1948) 78 CLR 62

Do Carmo v Ford Excavations Pty Ltd (1981) 1 NSWLR 409

Emanuele v Hedley& Ors (1998) 179 FCR 290

Fleet v Royal Society for the Prevention of Cruelty to Animals (NSW) [2005] NSWSC 926

General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69

Jazabas Pty Ltd v Haddad [2006] NSWSC 559

Jazabas Pty Ltd v Haddad [2007] NSWCA 291

Jazabas v Botany Council [2000] NSWSC 58

Johnson v Gore Wood & Co [2002] 2 AC 1

Jones v State of New South Wales [2020] NSWSC 830

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AGLC
Haigh v Haddad [2024] NSWSC 904
Case
[2024] NSWSC 904
Decision Date

CaseChat Overview and Summary

In the Federal Court of Australia, Haigh brought an action against Haddad, alleging breach of fiduciary duty and negligence in his capacity as a director of a company. The company, in turn, was a shareholder of another entity, of which Haigh is also a shareholder. The case was dismissed at first instance by an Associate Justice, and Haigh appealed this decision. The appeal centred on whether the court was correct in finding that no reasonable cause of action was disclosed. Specifically, the case raised issues around the applicability of the reflective loss principle to indirect shareholders and the court's power to stay proceedings on the basis of abuse of process due to multiple prior proceedings brought by or on behalf of a related party.

The court considered whether the reflective loss principle could be applied to indirect shareholders, which is typically reserved for direct shareholders of a company. The court found that the principle does apply in this context as the loss alleged by Haigh was reflective of the loss suffered by the company, of which Haigh is also a shareholder. Furthermore, the court examined the doctrine of abuse of process, noting that the prior proceedings brought by or on behalf of a related party could constitute an abuse of the court's process. The court held that the circumstances warranted the dismissal of the proceedings to prevent an abuse of the court's process.

Based on its reasoning, the court dismissed the appeal, affirming the earlier decision of the Associate Justice. The court concluded that the reflective loss principle did indeed apply to indirect shareholders in this instance, and that the proceedings constituted an abuse of process due to the history of litigation involving related parties. Therefore, the court found no reasonable cause of action was disclosed in the appeal. The appeal was dismissed with no orders for costs.

Orders

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