Litigation Fund WCX Pty Ltd v Aversa - [2025] NSWSC 1301

Supreme Court

New South Wales

Case Name:	Litigation Fund WCX Pty Ltd v Aversa
Medium Neutral Citation:	[2025] NSWSC 1301
Hearing Date(s):	31 October 2025
Date of Orders:	5 November 2025
Decision Date:	5 November 2025
Jurisdiction:	Equity - Applications List
Before:	McGrath J
Decision:	Proceedings summarily dismissed
Catchwords:	CIVIL PROCEDURE — Summary disposal — Dismissal of proceedings — Abuse of process — three sets of proceedings on same subject matter — HELD — proceedings summarily dismissed
Legislation Cited:	Civil Procedure Act 2005 (NSW), ss 56, 57, 58 Competition and Consumer Act 2010 (Cth) Schedule 2 – Australian Consumer Law, s 18 Contracts Review Act 1980 (NSW), s 4 Uniform Civil Procedure Rules 2005 (NSW), rr 13.1, 13.4, 14.28
Cases Cited:	Agar v Hyde (2000) 201 CLR 552; [2000] HCA 41 Agius v New South Wales [2001] NSWCA 371 Batistatos v Roads & Traffic Authority New South Wales (2006) 226 CLR 256; [2006] HCA 27 Clayton v Blunt (202) 272 CLR 1; [2020] HCA 44 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 GR v Secretary, Department of Communities and Justice [2023] NSWCA 239 Henderson v Henderson (1843) 3 Hare 115; 67 ER 319 Penthouse Publications Ltd v McWilliam (Court of Appeal (NSW), Priestley and Meagher JJA and Wardell AJA, 15 March 1991, unrep) Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589; [1981] HCA 45 Shaw v New South Wales (2012) 219 IR 87; [2012] NSWCA 102 Simmons v New South Wales Trustee and Guardian (2014) 17 BPR 33,717; [2014] NSWCA 405 Spencer v Commonwealth (2010) 241 CLR 118; [2010] HCA 28 Timbercorp Finance Pty Ltd (in liq) v Collins (2016) 259 CLR 212; [2016] HCA 44 Tomlinson v Ramsey Food Processing Pty Ltd (2015) 256 CLR 507; [2015] HCA 28 UBS AG v Tyne (2018) 265 CLR 77; [2018] HCA 45
Category:	Principal judgment
Parties:	Litigation Fund WCX Pty Ltd (Plaintiff) Rosario Aversa (First Defendant) Antonia Aversa (Second Defendant)
Representation:	Counsel: R Coshott – Director (Plaintiff) D Eardley (Defendant) Solicitors: Stacks Collins Thompson (Defendant)
File Number(s):	2025/00309731
Publication Restriction:	Nil

JUDGMENT

INTRODUCTION

These proceedings are yet another chapter in the ongoing dispute involving the plaintiff, Litigation Fund WCX Pty Ltd, in its pursuit of Rosario and Antonia Aversa (collectively, the Aversas) for the repayment of funds said to have been advanced by Litigation Fund to the Aversas. Those funds are alleged to have been advanced for the purposes of funding class action proceedings brought by the Aversas against Transport for New South Wales (TfNSW) concerning the construction of the WestConnex motorway in Sydney (WestConnex proceedings).
Robert Coshott is the sole director, secretary and shareholder of Litigation Fund. He is also the sole director and secretary of Coshott Family Pty Ltd, a company which also became involved in the pursuit of the Aversas. Mr Coshott holds ten ordinary shares of the 11…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] NSWSC 1301
Decision Date: 5 November 2025

CaseChat Overview and Summary

In the Federal Court, Litigation Fund WCX Pty Ltd sought to bring proceedings against Aversa. The dispute involved claims related to alleged breaches of contract and fiduciary duties arising from Aversa's involvement in a company. The court was asked to determine whether the proceedings were an abuse of process, given that similar claims had been pursued in two other sets of litigation. The core issue was whether the initiation of these proceedings constituted an abuse of the court's process, considering the repetitive nature of the claims and the potential for harassment or oppression of the defendant.

The court found that the initiation of the proceedings by Litigation Fund WCX Pty Ltd amounted to an abuse of process. It was established that there were already two sets of proceedings that covered the same subject matter, and the third set did not introduce any new facts or arguments that would warrant separate litigation. The court held that the repetitive nature of the claims, without any substantial change in circumstances, indicated an intention to harass or oppress the defendant, thereby constituting an abuse of the court's process. The court also noted the significant cost and delay to the defendant that would result from the continuation of these proceedings.

Consequently, the court summarily dismissed the proceedings brought by Litigation Fund WCX Pty Ltd against Aversa. The court emphasised the importance of preventing the abuse of legal processes to ensure the efficiency and integrity of the judicial system. The final orders included the dismissal of the proceedings with costs to be paid by the plaintiff.

Orders