Jones v Invion Limited; Greig v Invion Limited; Yeates v Invion Limited

[2015] HCASL 177

STEPHEN GEORGE BURCH JONES
v
 INVION LIMITED (FORMERLY CBIO LIMITED) ACN 094 730 417 & ORS
B37/2015

JAMES GREIG
v
 INVION LIMITED (FORMERLY CBIO LIMITED) ACN 094 730 417 & ORS
B38/2015

JASON RICHARD YEATES
v
INVION LIMITED (FORMERLY CBIO LIMITED) ACN 094 730 417 & ORS
B39/2015

[2015] HCASL 177

1. These three applications are brought in relation to orders of the Court of Appeal of the Supreme Court of Queensland (McMurdo P, Philippides JA and Peter Lyons J) which dismissed an appeal from the Supreme Court of Queensland (de Jersey CJ).  The applicant in each application was a director of the first respondent.  The first respondent commenced proceedings against the applicants, alleging that they had acted in breach of duties imposed in equity and under the Corporations Act 2001 (Cth).

2. De Jersey CJ gave judgment for the first respondent against each applicant.  Before the Court of Appeal, the applicants contended that de Jersey CJ made several errors of fact and law.  The Court of Appeal rejected those contentions and dismissed the appeal.

3. The applicants now seek special leave to appeal to this Court from the Court of Appeal's orders. The applicants in B38/2015 and B39/2015 also seek an extension of time to make their applications for special leave. The applicants do not have legal representation. The applications therefore fall to be dealt with under r 41.10 of the High Court Rules 2004 (Cth).

4. There is no reason to doubt the correctness of the decision of the Court of Appeal. The three draft appeals would not enjoy sufficient prospects of success to warrant the grant of special leave.  It would therefore be futile to grant an extension of time in B38/2015 and B39/2015.  All three applications must be dismissed.

5. Pursuant to r 41.10.5, we direct the Registrar to draw up, sign and seal orders dismissing each application.

V.M. Bell
4 November 2015 S.J. Gageler