Munro v Dhanush Infotech Pty Ltd

[2019] QDC 67

DISTRICT COURT OF QUEENSLAND

CITATION:

Munro v Dhanush Infotech Pty Ltd [2019] QDC 67

PARTIES:

DAVID MUNRO
(applicant)

v

DHANUSH INFOTECH PTY LTD
(respondent)

FILE NO/S:

990/19

DIVISION:

Civil

PROCEEDING:

Application

ORIGINATING COURT:

District Court, Brisbane

DELIVERED ON:

4 April 2019

DELIVERED AT:

Brisbane

HEARING DATE:

4 April 2019 (Ex tempore)

JUDGE:

Kefford DCJ

ORDER:

The application is dismissed.

CATCHWORDS:

JUDGMENTS AND ORDERS – SETTING ASIDE JUDGMENT – FRAUD – where summary judgment was given – where the applicant says it was obtained by fraud – whether summary judgment was obtained by fraud

LEGISLATION:

Uniform Civil Procedure Rules 1999 (Qld), r 215, r 293, r 667, r 668

CASES:

Benseman v Noosa Cat Australia Pty Ltd [2001] QDC 77, approved

COFP Pty Ltd v Dhanush Infotech Pty Ltd [2015] QCA 1, considered

COFP Pty Ltd v Dhanush Infotech Pty Ltd [2016] QDC 105, considered

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

Moore & Anor v Devanjul Pty Ltd [2010] QDC 353, approved

SOLICITORS:

Mr Munro was self-represented

Ms J Hatch, employee of Dhanush Infotech Pty Ltd with authority for the respondent

1. HER HONOUR:   This is an application by Mr Munro under rule 667 and rule 668 of the Uniform Civil Procedure Rules 1999 to set aside the decision of his Honour Judge Griffin made on 5 February 2014. Mr Munro says that the order was obtained by fraud. This is disputed by the respondent, Dhanush Infotech Pty Ltd.

1. Before dealing with each of Mr Munro’s allegations of fraud, it is helpful to set out some of the relevant background to the proceedings.  COFP Pty Ltd brought proceedings against Dhanush Infotech Pty Ltd for moneys owed for services rendered and damages for breach of contract.  Dhanush Infotech Pty Ltd defended the proceedings on the basis that any agreement made was not with it, but with another company, Dhanush Academy of Technology and Management Pty Ltd.  Dhanush Infotech Pty Ltd succeeded in obtaining summary judgment from his Honour Judge Griffin on 5 February 2014.  His Honour Judge Griffin ordered:

“1.      The claim be dismissed.

2. The plaintiff pay the defendant’s costs the application as agreed or assessed.

3. The plaintiff pay the defendant’s costs the proceedings as agreed or assessed.

4.The registrar forthwith pay all the security for costs held by the Court and any accretions thereon to the defendant’s solicitors’ trust account.”

1. That decision was the subject of an appeal to the Court of Appeal.  The Court of Appeal’s reasons are published in COFP Pty Ltd v Dhanush Infotech Pty Ltd [2015] QCA 1. The Court of Appeal decision records that the appellant’s sole director, Mr David Munro, appeared on its behalf at first instance and in the Court of Appeal. The decision details the allegations in the statement of claim, the allegations in the defence, Dhanush Infotech Pty Ltd’s evidence on the summary judgment application, the evidence put forward by Mr Munro on the summary…