FEDERAL COURT OF AUSTRALIA
Pridmore v Magenta Nominees Pty Ltd [2001] FCA 815
BANKRUPTCY – claims of negligence against trustee – whether claims should be struck out as disclosing no reasonable cause of action – whether claims previously vested in trustee – whether claims should be dismissed for want of prosecution
Bankruptcy Act 1966 (Cth)
Federal Court Rules O 7 r 1, O 20 r 2(1)Pridmore v Magenta Nominees Pty Ltd (1999) 161 ALR 458 referred to
Faulkner v Bluett (1981) 52 FLR 109 cited
Re Dosanjh (1995) 56 FCR 521 cited
Daemar v Industrial Commission of New South Wales (1988) 12 NSWLR 55 – 56 cited
Macchia v Nilant [2001] FCA 7 referred to
Watson v Healey (1996) 64 FCR 301 cited
Bellin v Pattison (as Trustee) [1999] FCA 51 cited
Re Gault; Gault v Law (1982) 57 FLR 165 referred to
Re Cheesman; Cheesman v Waters (1997) 143 ALR 78 cited
Official Receiver in Bankruptcy v Todd (1986) 70 ALR 119 cited
National Mutual Life Association of Australasia Ltd v Reynolds [2000] FCA 267 referred to
Allen v Sir Alfred McAlpine & Sons Limited [1968] 2 QB 229 applied
cf Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 cited
Birkett v James [1978] AC 297 cited
Lewandowski & Ors v Lovell (1994) 11 WAR 124 cited
cf Cooper v Hopgood & Ganim (1999) 2 QDR 113 citedANTHONY CHARLES PRIDMORE, HANS LOTHAR WITTE, MARINA PRIDMORE and RENATE WITTE v MAGENTA NOMINEES PTY LTD and HALL CHADWICK
W 164 of 1998RD NICHOLSON J
29 JUNE 2001
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
W 164 of 1998
BETWEEN:
ANTHONY CHARLES PRIDMORE
FIRST APPLICANTHANS LOTHAR WITTE
SECOND APPLICANTMARINA PRIDMORE
THIRD APPLICANTRENATE WITTE
FOURTH APPLICANTAND:
MAGENTA NOMINEES PTY LTD
(ACN 009 340 158)
FIRST RESPONDENTHALL CHADWICK
SECOND RESPONDENTJUDGE:
RD NICHOLSON J
DATE OF ORDER:
29 JUNE 2001
WHERE MADE:
PERTH
THE COURT ORDERS THAT:
1. The second respondent’s motions filed on 27 April 2001 and 9 May 2001 be granted.
2. The application against the second respondent be dismissed.
3.The applicant pay the costs on the application, the motions referred to in order 1 and all reserved costs, to be taxed of:
(a)Messrs Rowe and Evans of the second respondent;
(b)Messrs Williamson, Posma and Lyford of the second respondent;
subject to the right of the applicant to contend before the taxing officer that it was not necessary for there to be separate representation for members of the second respondent.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
W 164 of 1998
BETWEEN:
ANTHONY CHARLES PRIDMORE
FIRST APPLICANTHANS LOTHAR WITTE
SECOND APPLICANTMARINA PRIDMORE
THIRD APPLICANTRENATE WITTE
FOURTH APPLICANTAND:
MAGENTA NOMINEES PTY LTD
(ACN 009 340 158)
FIRST RESPONDENTHALL CHADWICK
SECOND RESPONDENT
JUDGE:
RD NICHOLSON J
DATE:
29 JUNE 2001
PLACE:
PERTH
REASONS FOR…
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- Case
- [2001] FCA 815
- Decision Date
CaseChat Overview and Summary
The court found that the ground for dismissal due to want of prosecution could not be made out, but it acknowledged that the situation was close. The court reasoned that the second respondents should be granted leave to amend their notice of motion to include the ground that the pleadings disclosed no reasonable cause of action. It held that each of the second respondents' motions should be allowed on this ground, and the application against the second respondent should be dismissed. The court ordered that the applicants were to pay the second respondents' costs of the application, the motions, and all reserved costs, subject to the applicants' right to contest the necessity of separate representation for the members of the second respondent before the taxing officer.
The final orders of the court were that the second respondents' motions filed on April 27, 2001, and May 9, 2001, were to be granted. The application against the second respondent was to be dismissed, and the applicants were to pay the costs associated with the application, the motions, and all reserved costs to be taxed, with a specific mention of the second respondents' legal representatives. This decision ensured clarity on the procedural aspects of the case and directed the parties on the financial responsibilities moving forward.
Orders
Orders of the court
1. The second respondent’s motions filed on 27 April 2001 and 9 May 2001 be granted.
2. The application against the second respondent be dismissed.
3. The applicant pay the costs on the application, the motions referred to in order 1 and all reserved costs, to be taxed of:
(a) Messrs Rowe and Evans of the second respondent;
(b) Messrs Williamson, Posma and Lyford of the second respondent;
subject to the right of the applicant to contend before the taxing officer that it was not necessary for there to be separate representation for members of the second respondent.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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