SUPREME COURT OF QUEENSLAND
CITATION:
Murphy v Mackay Labour Hire Pty Ltd [2018] QCA 90
PARTIES:
GEOFFREY JOHN MURPHY
(appellant)
v
MACKAY LABOUR HIRE PTY LTD
ACN 130 813 295
(respondent)FILE NO/S:
Appeal No 5383 of 2017
DC No 84 of 2013DIVISION:
Court of Appeal
PROCEEDING:
General Civil Appeal
ORIGINATING COURT:
District Court at Mackay – [2013] QDC 84 (Clare SC DCJ)DELIVERED ON:
18 May 2018
DELIVERED AT:
Brisbane
HEARING DATE:
13 October 2017
JUDGES:
Fraser and Philippides JJA and Boddice J
ORDER:
The appeal be dismissed with costs.
CATCHWORDS:
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – PARTIES AND NON-PARTIES – where a proprietary limited company was a defendant in proceedings for breach of contract – where the proceedings did not proceed to judgment because the defendant company was placed into liquidation after the hearing of the evidence in the trial – where a non-party costs order was made against the company’s sole director and secretary – whether the trial judge erred in finding insolvency of the defendant company – whether the trial judge erred in finding there was a positive obligation on the defendant company’s sole director and secretary to warn of the defendant company’s insolvency – whether the trial judge erred in finding impropriety in those circumstances – whether the trial judge erred in the application of Knight v FP Special Assets Ltd (1992) 174 CLR 178 in failing to consider the issues of the non-party’s involvement or interest in the litigation
Civil Proceedings Act 2011 (Qld), s 15
Corporations Act 2001 (Cth), s 1335
Queensland Building and Construction Commission Act 1991 (Qld), s 56AC
Uniform Civil Procedure Rules 1999 (Qld), r 670, r 671, r 681(1)Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170; [1981] HCA 39, cited
Bischof v Adams [1992] 2 VR 198; [1992] VicRp 61, cited
FPM Constructions Pty Ltd v Council of the City of Blue Mountains [2005] NSWCA 340, cited
International Cat Manufacturing (in liq) v Rodrick (2013) 97 ACSR 200; [2013] QCA 372, cited
Keith Smith East West Transport Pty Ltd (in liq) v Australian Taxation Office (2002) 42 ACSR 501; [2002] NSWCA 264, cited
Knight v FP Special Assets Ltd (1992) 174 CLR 178; [1992] HCA 28, applied
Owners of Strata Plan No 23007 v Cross (2006) 153 FCR 398; [2006] FCA 900, cited
Plante v James[2011] QCA 109, applied
R v Noonan (2002) 127 A Crim R 599; [2002] NSWCCA 46, cited
TQM Design and Construct Pty Limited v Golden Plantation Pty Limited [2011] NSWSC 500, cited
Walsh v Natra Pty Ltd (2000) 1 VR 523; [2000] VSCA 60, citedCOUNSEL:
J W Peden for the appellant
M T de Waard for the respondentSOLICITORS:
Mahoneys for the appellant
Macrossan & Amiet Solicitors for the respondent
FRASER JA: For the reasons given by Philippides JA (in [2]-[47])…
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- Case
- [2018] QCA 90
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the primary judge erred in finding that the defendant company was insolvent, whether there was a positive obligation on Mr Murphy to warn of the defendant company’s insolvency, whether there was impropriety in those circumstances, and whether the primary judge erred in applying Knight v FP Special Assets Ltd (1992) 174 CLR 178 by failing to consider Mr Murphy’s involvement or interest in the litigation. The court examined the evidence provided by the respondent, including Mr Murphy’s actions immediately after the close of evidence, and determined that the primary judge’s findings were supported by the evidence. The court also found that the primary judge correctly applied the principles set out in Knight v FP Special Assets Ltd.
The court held that the primary judge did not err in finding that the defendant company was insolvent and that there was a positive obligation on Mr Murphy to warn of the defendant company’s insolvency. The court found that Mr Murphy’s actions demonstrated a clear impropriety in the circumstances. The court also found that the primary judge correctly applied the principles from Knight v FP Special Assets Ltd in making the non-party costs order against Mr Murphy. The appeal was dismissed with costs.
Orders
Orders of the court
The appeal be dismissed with costs.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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