Leume Pty Ltd v Chianti Pty Ltd

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LEUME PTY LTD -v- CHIANTI PTY LTD [2005] WADC 212
Last Update:  10/11/2005
LEUME PTY LTD -v- CHIANTI PTY LTD [2005] WADC 212
Jurisdiction: DISTRICT COURT OF WESTERN AUSTRALIA   Citation No: [2005] WADC 212
Case No: CIV:91/2005   Heard: 16 & 24 AUGUST 2005
Coram: REGISTRAR KINGSLEY   Delivered: 09/11/2005
Location: PERTH   Supplementary Decision:
No of Pages: 9   Judgment Part: 1 of 1
Result: Application dismissed
[Click here for Judgment in Adobe Acrobat Format ]
Parties: LEUME PTY LTD
CHIANTI PTY LTD

Catchwords: Practice Application under O 14 Rules of the Supreme Court Jurisdiction issue Claim against trustee of trust
Legislation: Rules of the Supreme Court 1971, O 14, O 16
The Trustees Act 1978

Case References: Burns Philp Trustee Co. Ltd v Viney [1981] 2 NSWLR 216
Inland Revenue Commissioners (NZ) v Ward (1969) ATC 6050
Wendt and Ors v Orr and Anor [2004] WASC 28

Casella v Costin Pty Ltd, unreported; SCt of WA; Library No 5416; 22 June 1984
Commercial Developments Pty Ltd v Mercantile Mutual Insurance Ltd (1991) 5 WAR 208
Cordinup Resorts Pty Ltd v Terana Holdings Pty Ltd (1997) 143 FLR 18
Esanda Finance Corporation Ltd v Snowlake Holdings & Ors, unreported; SCt of WA; Library No 920586; 30 October 1992
Fancourt v Mercantile Credit Ltd (1983) 154 CLR 87
Fountain Selected Meat (Sales) Pty Ltd v International Produce Merchants Ltd (1988) 81 ALR 397
Geraldton Building Co Pty Ltd v Christmas Island Resort Pty Ltd (1992) 11 WAR 40
Jacka Nominees Pty Ltd (in liquidation) & Ors v Edwards Karwacki Smith & Co Pty Ltd & Ors, unreported; SCt Court of WA; Library No 920512; 12 October 1992
Jones v Moylan (2000) 23 WAR 65
Morgan & Son Ltd v S Martin Johnson & Company [1949] 1 KB 107
Morgan v Pallister [2004] WASC 188
O'Dare v Commissioner of Police, unreported; SCt of WA; Library No 940048; 17 December 1993
Perth Pallets v QA Pallets & Packaging Pty Ltd (2002) 29 SR (WA) 275
Southern Resources Ltd v Technomin Australia NL [1990] WAR 72
Thompson v White [1970] 3 All ER 678
Re Vestey's Settlement; Lloyds Bank Ltd v O'Meara [1950] 2 All ER 891

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

                  IN CHAMBERS
LOCATION : PERTH CITATION : LEUME PTY LTD -v- CHIANTI PTY LTD [2005] WADC 212 CORAM : REGISTRAR KINGSLEY HEARD : 16 & 24 AUGUST 2005 DELIVERED : 9 NOVEMBER 2005 FILE NO/S : CIV 91 of 2005 BETWEEN : LEUME PTY LTD
                  Plaintiff

                  AND

                  CHIANTI PTY LTD
                  Defendant



Catchwords:

Practice - Application under O 14 Rules of the Supreme Court - Jurisdiction issue - Claim against trustee of trust


Legislation:

Rules of the Supreme Court 1971, O 14, O 16
The Trustees Act 1978


Result:

Application dismissed


(Page 2)

Representation:

Counsel:


    Plaintiff : Mr R C Ioppolo
    Defendant : Ms R Cosentino


Solicitors:

    Plaintiff : Wojtowicz Kelly
    Defendant : Gibson & Gibson


Case(s) referred to in judgment(s):

Burns Philp Trustee Co. Ltd v Viney [1981] 2 NSWLR 216
Inland…
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Details
Case
[2005] WADC 212
Decision Date

CaseChat Overview and Summary

Leume Pty Ltd brought a practice application against Chianti Pty Ltd in the Supreme Court, seeking clarification on the proper procedure for serving a claim against the trustee of a trust. The application arose from an earlier proceeding where Leume sought to enforce a judgment against the trustee of a trust, who was also a director of Chianti. Chianti argued that it was not the appropriate party to serve the claim against the trustee and sought guidance on the correct procedure.

The central issue before the court was whether the plaintiff should serve the claim against the trustee directly or through the company, and whether serving the claim on Chianti was sufficient. The court needed to interpret the relevant procedural rules and determine if the service was valid.

The court held that the plaintiff should have served the claim directly on the trustee and not on Chianti. The court found that serving the claim on Chianti did not meet the requirements of the procedural rules. Consequently, the court dismissed the application and ruled that the plaintiff had not followed the correct procedure for serving the claim against the trustee. As a result, the application was dismissed, and no further orders were made.

Orders

Orders of the court

Application dismissed

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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