PERMANENT CUSTODIANS LTD -v- ELITE GRAINS PTY LTD [2014] WASC 495
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2014] WASC 495 | |
| Case No: | CIV:2473/2012 | 27 NOVEMBER 2014 | |
| Coram: | KENNETH MARTIN J | 18/12/14 | |
| 16 | Judgment Part: | 1 of 1 | |
| Result: | Interlocutory application dismissed | ||
| B | |||
| PDF Version |
| Parties: | PERMANENT CUSTODIANS LTD AS TRUSTEES FOR AND UNDER THE MASTER TRUST DEED ESTABLISHING THE RURAL PROGRAM ELITE GRAINS PTY LTD RODNEY NORMAN CULLETON IOANNA CULLETON RONALD NORMAN CULLETON LESLEY DIANNE CULLETON |
Catchwords: | Default judgment Application to set aside default judgment on a basis of asserted fraud Second defendant bankrupt Acting in person Fresh action required to set aside judgment on basis of fraud |
Legislation: | Nil |
Case References: | Burrell v The Queen [2008] HCA 34; (2008) 238 CLR 218 Carr v Finance Corporation of Australia Ltd [No 1] [1981] HCA 20; (1981) 147 CLR 246 de Lasala v de Lasala [1980] AC 546 DJL v Central Authority [2000] HCA 17; (2000) 201 CLR 226 Duchess of Kingston's Case (1776) 1 Leach 146; 168 ER 175 Grierson v The King [1938] HCA 45; (1938) 60 CLR 431 Hall v Hall [2007] WASC 198 Hall v Nominal Defendant (1966) 117 CLR 423 Investec Experien Pty Ltd (Formerly known as Experien Pty Ltd) v Robert Keith Will and Charlene Marella Caspersz as trustee for the Will Family Trust [2010] WASC 320 Jonesco v Beard [1930] AC 298 Kuwait Airways Corporation v Iraqi Airways Co (No 2) [2001] 1 WLR 429 Macquarie Leasing Pty Ltd v Culleton [2014] FCCA 1714 McDonald v McDonald [1965] HCA 45; (1965) 113 CLR 529 Parker v Transfield Pty Ltd [2000] WASCA 382 R v Stanley [2014] QCA 116 Ridout v O'Brien [2004] WASC 137 Ronald v Harper [1913] VLR 311 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- Plaintiff
AND
ELITE GRAINS PTY LTD
First Defendant
RODNEY NORMAN CULLETON
Second Defendant
IOANNA CULLETON
Third Defendant
RONALD NORMAN CULLETON
Fourth Defendant
LESLEY DIANNE CULLETON
Fifth Defendant
Catchwords:
Default judgment - Application to set aside default judgment on a basis of asserted fraud - Second defendant bankrupt - Acting in person - Fresh action required to set aside judgment on basis of fraud
Legislation:
Nil
Result:
Interlocutory application dismissed
Category: B
Representation:
Counsel:
Plaintiff : Ms E L Blewett
First Defendant : No appearance
Second Defendant : In person
Third Defendant : Mr J Brown
Fourth Defendant : No appearance
Fifth Defendant : No appearance
Solicitors:
Plaintiff : Corrs Chambers Westgarth
First Defendant : No appearance
Second Defendant : In person
Third Defendant : In person
Fourth Defendant : No appearance
Fifth Defendant : No appearance
Case(s) referred to…
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- Case
- [2014] WASC 495
- Decision Date
CaseChat Overview and Summary
The central legal issues the court had to determine were whether the application to set aside the default judgment was made within a reasonable time and whether the applicant had a bona fide defence. Additionally, the court had to consider whether there were any exceptional circumstances justifying the setting aside of the default judgment. Given that Elite Grains Pty Ltd was acting in person, the court also assessed the fairness of the application process under these circumstances. Furthermore, the court examined whether the bankruptcy of the second defendant impacted the application.
The court found that the application to set aside the default judgment was not made within a reasonable time, and the applicant had failed to demonstrate a bona fide defence or any exceptional circumstances warranting relief. The court was also critical of the assertion of fraud without any supporting evidence. The acting in person aspect did not sway the court in favour of the applicant. The bankruptcy of the second defendant did not impact the court's reasoning regarding the default judgment against Elite Grains Pty Ltd. Consequently, the interlocutory application was dismissed.
Orders
Orders of the court
Interlocutory 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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