Rafferty v Time 2000 West Pty Ltd (No 6) - [2011] FCA 402

FEDERAL COURT OF AUSTRALIA
Rafferty v Time 2000 West Pty Ltd (No 6) [2011] FCA 402

Citation: Rafferty v Time 2000 West Pty Ltd (No 6)
[2011] FCA 402

Parties: PATRICK CAMPBELL RAFFERTY, SANTORA HOLDINGS PTY LTD ACN 128 467 550 and KARAVILLE HOLDINGS PTY LTD ACN 009 439 178 v TIME 2000 WEST PTY LTD ACN 127 893 270, TIME 2000 SYSTEMS (AUSTRALIA) PTY LTD ACN 127 853 614, TIME 2000 OPERATIONS (AUSTRALIA) PTY LTD ACN 128 700 541, EMBLETON LIMITED (A COMPANY INCORPORATED IN HONG KONG), STEPHEN GERARD DONOVAN and MADGWICKS

File number: SAD 122 of 2008

Judge: LANDER J

Date of judgment: 14 April 2011

Date of hearing: 14 April 2011

Place: Adelaide

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 23

Counsel for the Applicants: Mr J Cudmore

Solicitor for the Applicants: Cosoff Cudmore Knox

Counsel for the Third and Fifth Respondents: Mr A Dal Cin

Solicitor for the Third and Fifth Respondents: Pace Lawyers

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY

GENERAL DIVISION

SAD 122 of 2008

BETWEEN:
PATRICK CAMPBELL RAFFERTY
First Applicant

SANTORA HOLDINGS PTY LTD ACN 128 467 550
Second Applicant

KARAVILLE HOLDINGS PTY LTD ACN 009 439 178
Third Applicant

AND:
TIME 2000 WEST PTY LTD ACN 127 893 270
First Respondent

TIME 2000 SYSTEMS (AUSTRALIA) PTY LTD
ACN 127 853 614
Second Respondent/Second Cross Claimant

TIME 2000 OPERATIONS (AUSTRALIA) PTY LTD
ACN 128 700 541
Third Respondent/Third Cross Claimant

EMBLETON LIMITED (A COMPANY INCORPORATED IN HONG KONG)
Fourth Respondent/Fourth Cross Claimant

STEPHEN GERARD DONOVAN
Fifth Respondent/First Cross Claimant

MADGWICKS
Sixth Respondent/Cross Respondent

JUDGE:

LANDER J

DATE OF ORDER:

14 APRIL 2011

WHERE MADE:

ADELAIDE

THE COURT ORDERS THAT:
1.On the application of the first applicant, (Mr Rafferty), a garnishee summons be filed and served on the National Australia Bank Limited ACN 004 044 937 (‘NAB’) as garnishee in the form of the annexure hereto.
2.The orders made herein on 25 August 2010 be varied to the extent that is necessary to enable NAB as garnishee to pay $95,862 from account number 083427-163861737 held in the name of the first defendant, Time 2000 West Pty Limited to the first applicant but otherwise the orders made on that date continue in full force and effect.
3.The garnishee summons issued to NAB as garnishee be adjourned for mention to 2 May 2011 at 9.30am.
4.The application by the third and fifth respondents to intervene under section 236 of the Corporations Act 2001 (Cth) for the purpose of taking responsibility on behalf of the first respondent, Time 2000 West Pty Limited, be dismissed.
5.The third and fifth respondents pay the first applicant’s costs in relation to the application to intervene fixed in the sum of $2,700, payable forthwith.
6.The Notice of Appearance purportedly filed on 13 April 2011 by Pace Lawyers be struck out.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read Rafferty v Time 2000 West Pty Ltd (No 6) 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

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2011] FCA 402
Decision Date: 14 April 2011

CaseChat Overview and Summary

Rafferty v Time 2000 West Pty Ltd (No 6) involves a dispute between Mr. Rafferty and Time 2000 West Pty Ltd, with an additional garnishee application by the National Australia Bank Limited. The matter was heard in the Supreme Court of Western Australia. Mr. Rafferty sought a garnishee summons to enforce a judgment debt against Time 2000 West Pty Ltd. The bank, acting as garnishee, was directed to pay a specified sum from an account held by the defendant to the plaintiff. The court was also required to decide on an application by the third and fifth respondents to intervene on behalf of the defendant and to consider the validity of a Notice of Appearance filed by Pace Lawyers.

The primary legal issues before the court were whether the garnishee summons should be granted and if the respondents could intervene in the proceedings. The court examined the requirements for garnishee proceedings under relevant legislation and the criteria for intervention under the Corporations Act 2001 (Cth). Additionally, the court assessed the validity of the Notice of Appearance to determine if it met the formal requirements for legal documents.

In reaching its decision, the court found that the garnishee summons should be granted, enabling the plaintiff to recover the specified sum from the garnishee bank. The court held that the application to intervene by the third and fifth respondents was dismissed as it did not meet the statutory criteria. Furthermore, the Notice of Appearance filed by Pace Lawyers was struck out for failing to comply with the formal requirements for such documents. Consequently, the orders included the issuance of a garnishee summons, the variation of previous orders, and the dismissal of the intervention application with costs awarded against the respondents.

Orders

Orders of the court

1. On the application of the first applicant, (Mr Rafferty), a garnishee summons be filed and served on the National Australia Bank Limited ACN 004 044 937 (‘NAB’) as garnishee in the form of the annexure hereto.

2. The orders made herein on 25 August 2010 be varied to the extent that is necessary to enable NAB as garnishee to pay $95,862 from account number 083427-163861737 held in the name of the first defendant, Time 2000 West Pty Limited to the first applicant but otherwise the orders made on that date continue in full force and effect.

3. The garnishee summons issued to NAB as garnishee be adjourned for mention to 2 May 2011 at 9.30am.

4. The application by the third and fifth respondents to intervene under section 236 of the Corporations Act 2001 (Cth) for the purpose of taking responsibility on behalf of the first respondent, Time 2000 West Pty Limited, be dismissed.

5. The third and fifth respondents pay the first applicant’s costs in relation to the application to intervene fixed in the sum of $2,700, payable forthwith.

6. The Notice of Appearance purportedly filed on 13 April 2011 by Pace Lawyers be struck out.

Note:

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.

Citation:		Rafferty v Time 2000 West Pty Ltd (No 6) [2011] FCA 402
Parties:		PATRICK CAMPBELL RAFFERTY, SANTORA HOLDINGS PTY LTD ACN 128 467 550 and KARAVILLE HOLDINGS PTY LTD ACN 009 439 178 v TIME 2000 WEST PTY LTD ACN 127 893 270, TIME 2000 SYSTEMS (AUSTRALIA) PTY LTD ACN 127 853 614, TIME 2000 OPERATIONS (AUSTRALIA) PTY LTD ACN 128 700 541, EMBLETON LIMITED (A COMPANY INCORPORATED IN HONG KONG), STEPHEN GERARD DONOVAN and MADGWICKS
File number:		SAD 122 of 2008
Judge:		LANDER J
Date of judgment:		14 April 2011
Date of hearing:	14 April 2011
Place:	Adelaide
Division:	GENERAL DIVISION
Category:	No Catchwords
Number of paragraphs:	23
Counsel for the Applicants:	Mr J Cudmore
Solicitor for the Applicants:	Cosoff Cudmore Knox
Counsel for the Third and Fifth Respondents:	Mr A Dal Cin
Solicitor for the Third and Fifth Respondents:	Pace Lawyers

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	SAD 122 of 2008

JUDGE:	LANDER J
DATE OF ORDER:	14 APRIL 2011
WHERE MADE:	ADELAIDE