King v GIO Australia Holdings Ltd

Link copied
Case Copied 10 min read

FEDERAL COURT OF AUSTRALIA
King v GIO Australia Holdings Ltd [2000] FCA 1543

SHANE ROBERT KING v GIO AUSTRALIA HOLDINGS LIMITED, GRANT SAMUEL & ASSOCIATES PTY LIMITED, DAVID MORTIMER, BRUCE HOGAN, STEWART STEFFEY, RONALD ASHTON, MARINA DARLING, ANDREW KALDOR, LLOYD LANGE, DAVID O'HALLORAN and IAN POLLARD

N955 of 1999

WILCOX, LEHANE and MERKEL JJ
SYDNEY
1 NOVEMBER 2000


IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

 N955 of 1999

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

SHANE ROBERT KING
Applicant

AND:

GIO AUSTRALIA HOLDINGS LIMITED
First Respondent

GRANT SAMUEL & ASSOCIATES PTY LIMITED
Second Respondent

DAVID MORTIMER
Third Respondent

BRUCE HOGAN
Fourth Respondent

STEWART STEFFEY
Fifth Respondent

RONALD ASHTON
Sixth Respondent

MARINA DARLING
Seventh Respondent

ANDREW KALDOR
EIGHTH RESPONDENT

LLOYD LANGE
Ninth Respondent

DAVID O'HALLORAN
Tenth Respondent

IAN POLLARD
Eleventh Respondent

JUDGES:

WILCOX, LEHANE and MERKEL JJ

DATE OF ORDER:

1 NOVEMBER 2000

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The applicant in the principal proceeding, Shane Robert King, have leave to file and serve on each of the respondents within seven days a Fourth Further Amended Application and a Third Further Amended Statement of Claim in the form of the documents submitted to the Court under cover of the applicant’s solicitors’ letter of 1 September, 2000.

2.Paragraph 2 of the Order of Moore J made on 12 May 2000 be set aside and in lieu thereof it be ordered that the costs of all parties of the notices of motion filed on 5 April 2000 be their costs in the cause.

3.Otherwise leave to appeal against the orders made by Moore J on 12 May, 2000 be refused.

4.The costs of the applicant and of the respondents of all of the applications for leave to appeal be their costs in the cause.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.


IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

 N955 of 1999

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

SHANE ROBERT KING
Applicant

AND:

GIO AUSTRALIA HOLDINGS LIMITED
First Respondent

GRANT SAMUEL & ASSOCIATES PTY LIMITED
Second Respondent

DAVID MORTIMER
Third Respondent

BRUCE HOGAN
Fourth Respondent

STEWART STEFFEY
Fifth Respondent

RONALD ASHTON
Sixth Respondent

MARINA DARLING
Seventh Respondent

ANDREW KALDOR
Eighth Respondent

LLOYD LANGE
Ninth Respondent

DAVID O'HALLORAN
Tenth Respondent

IAN POLLARD
Eleventh Respondent

JUDGES:

WILCOX, LEHANE and MERKEL JJ

DATE:

1 NOVEMBER 2000

PLACE:

SYDNEY

REASONS FOR JUDGMENT

THE COURT:

  1. Each of the respondents to this proceeding sought leave to appeal against orders made by Moore J on 12 May 2000.  By those orders, his Honour dismissed with costs notices of motion brought by each respondent in which they sought the striking out of the Third Further Amended Application and the Second Further Amended Statement of Claim and/or the staying of the proceeding.  The proceeding is a representative proceeding brought in pursuance of Part IVA of the Federal Court of Australia Act 1976 (“the…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read King v GIO Australia Holdings Ltd and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2000] FCA 1543
Decision Date

CaseChat Overview and Summary

Shane Robert King commenced proceedings against GIO Australia Holdings Ltd in the Federal Court of Australia. The dispute centres around allegations of misleading or deceptive conduct, breach of contract, and negligent misstatement by GIO. This case has undergone multiple amendments and appeals, with King seeking leave to file further amendments to his pleadings. The court was tasked with determining whether King should be granted leave to file a Fourth Further Amended Application and a Third Further Amended Statement of Claim, and whether the costs orders made by Moore J on 12 May 2000 should be set aside or altered.

The legal issues before the court included whether King's proposed amendments were permissible, the appropriateness of the costs orders made previously, and whether the appeal against those orders should be allowed. The court considered the principles of justice and the need to ensure that proceedings are not unduly protracted. It examined the history of the case, the reasons for the proposed amendments, and the implications of altering the costs orders. The court also assessed whether the appeals were frivolous or vexatious.

The court concluded that King should be granted leave to file the further amended pleadings, as the amendments appeared to be necessary to properly plead his case. It found that the previous costs orders should be set aside and replaced with an order that all parties bear their own costs for the applications filed on 5 April 2000. The court refused leave to appeal against the earlier costs orders, considering the appeals to be without merit. Consequently, the costs of the current applications for leave to appeal were ordered to be borne by the parties themselves. The court's decision was based on a careful balance of the interests of justice and the need to avoid unnecessary delay in the proceedings.

Orders

Orders of the court

1. The applicant in the principal proceeding, Shane Robert King, have leave to file and serve on each of the respondents within seven days a Fourth Further Amended Application and a Third Further Amended Statement of Claim in the form of the documents submitted to the Court under cover of the applicant’s solicitors’ letter of 1 September, 2000.

2. Paragraph 2 of the Order of Moore J made on 12 May 2000 be set aside and in lieu thereof it be ordered that the costs of all parties of the notices of motion filed on 5 April 2000 be their costs in the cause.

3. Otherwise leave to appeal against the orders made by Moore J on 12 May, 2000 be refused.

4. The costs of the applicant and of the respondents of all of the applications for leave to appeal be their costs in the cause.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.