SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Quach v ATM Residential Pty Ltd |
Citation: | [2022] ACTSC 210 |
Hearing Date: | 8 August 2022 |
DecisionDate: | 19 August 2022 |
Before: | McCallum CJ |
Decision: | (1) Pursuant to r 230 of the Court Procedures Rules, remove ATM Residential Pty Ltd as the defendant to the proceedings; (2) Order that the plaintiff pay the defendant’s costs; (3) Dismiss the proceedings. |
Catchwords: | CIVIL LAW – PRACTICE AND PROCEDURE – removal of parties – whether defendant has been inappropriately or unnecessarily included as a party to proceedings |
Legislation Cited: | Court Procedures Rules2006 (ACT) rr 230, 1147 |
Cases Cited: | |
Parties: | Michael Quach ( Plaintiff) ATM Residential Pty Ltd t/a McGrath North Canberra ( Defendant) |
Representation: | Counsel Self-represented ( Plaintiff) J Moffett ( Defendant) |
| Solicitors Self-represented ( Plaintiff) McInnes Wilson Lawyers ( Defendant) | |
File Number: | SC 40 of 2022 |
McCallum CJ:
By originating process filed on 10 March 2022, Michael Quach seeks various remedies against ATM Residential Pty Ltd trading as McGrath North Canberra. In broad terms, Dr Quach's complaint is that a property for sale which he inspected in November 2019 and for which he claims to have made the highest offer was later sold to another person at a lower price. The relief sought includes annulment of the contract of sale of the property, an order that the contract of sale be awarded to Dr Quach, compensatory damages, interest and costs.
Dr Quach also seeks an injunction preventing the future sale of the property pending the determination of these proceedings. Although the named defendant is ATM Residential Pty Ltd (to which I will refer to as “ATM”), the complaints specified in the pleading are directed exclusively to an individual, Mr Michael Fay. The pleading does not assert or seek to explain any connection between Mr Fay and ATM. ATM says there is none and that Dr Quach has sued the wrong defendant.
By application in proceedings filed on 19 July 2022, ATM seeks to protect its position in various ways. The principal relief sought in the application is an order that ATM be removed as a party to the proceedings pursuant to r 230 of the Court Procedures Rules2006 (ACT) or that summary judgment be given for ATM against Dr Quach pursuant to r 1147 of the Rules.
Alternatively, ATM seeks an order for security for costs in the sum of $130,000. The basis for that aspect of the application is that Dr Quach is listed as a vexatious litigant in New South Wales and has had a number of costs orders made against him. ATM entertains a concern as to Dr Quach's ability to meet its legal costs in the event that his claim is unsuccessful. ATM did not seek to prove that Dr Quach has failed to pay the costs he has been ordered to pay in various other proceedings. However, it was clear enough from his statements from the Bar table that he…
Keep reading for free
Create a free CaseChat account to read Quach v ATM Residential Pty Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2022] ACTSC 210
- Decision Date
CaseChat Overview and Summary
The court found that Dr Quach had sued the wrong entity and that ATM should be removed as a party to the proceedings. The court was satisfied that the proceedings should be dismissed due to the clear evidence that ATM had been inappropriately and unnecessarily included as the only defendant. The court rejected Dr Quach's arguments that ATM was somehow connected to the property sale or that it was operating in two business development areas in breach of its franchise agreement. The court held that the relief sought by Dr Quach was not ATM's concern and that ATM had been inappropriately and unnecessarily included as the defendant in the proceedings.
The court ordered that ATM Residential Pty Ltd be removed as the defendant to the proceedings, ordered that the plaintiff pay the defendant's costs, and dismissed the proceedings. The court did not consider it appropriate to make a pre-emptive order precluding Dr Quach from suing ATM again on the same facts. However, the court noted that if Dr Quach were to bring proceedings against ATM again on the same facts, those proceedings should not be permitted to be prosecuted until the costs order made by the court had been satisfied.
Orders
Orders of the court
Full text does not contain this section.
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
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.