DISTRICT COURT OF QUEENSLAND
CITATION:
Rare Nominees Pty Ltd v E-Coastal Developments Pty Ltd & Ors [2017] QDC 238
PARTIES:
RARE NOMINEES PTY LTD (ACN 094 976 833), AS TRUSTEE FOR THE MACKELLAR FAMILY SUPERANNUATION FUND
(plaintiff)
v
E-COASTAL DEVELOPMENTS PTY LTD (IN LIQUIDATION) (ACN 105 138 056)
(first defendant)
and
CHRISTOPHER JOHN EATON
(second defendant)
and
MODERN CITY HOLDINGS PTY LTD (ACN 122 023 803)
(third defendant)
and
BELINDA JANE EATON
(fourth defendant)
FILE NO/S:
D4799/15
DIVISION:
Civil
PROCEEDING:
Trial
ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
26 September 2017
DELIVERED AT:
Brisbane
HEARING DATES:
17, 18, 19 July 2017, first written submissions on 24 and 26 July 2017 and second written submissions on 1 and 5 September 2017
JUDGE:
Dorney QC DCJ
ORDERS:
1. It is ordered that E-Coastal Developments Pty Ltd is removed as a party to the proceedings.
2. It is ordered that the plaintiff’s Seventh Amended Statement of Claim, insofar as it makes allegations and seeks claims against the third defendant, is struck out.
3. Leave is refused to the plaintiff to amend its pleadings to allege any further cause of action against the second defendant.
4. It is adjudged that the second defendant pay the plaintiff the sum of $226,000.55 (inclusive of interest of $100,872.30).
5. It is adjudged that the fourth defendant have judgment against the plaintiff.
6. It is ordered that submissions on costs, if any, be filed and served by 4pm on Friday 29 September 2017.
CATCHWORDS:
Whether admitted joint venture relationship generated any fiduciary duties – whether it was pleaded that any fiduciary duty was cast on the sole director of the alleged fiduciary – whether any implied or express trust, or constructive trust, established – whether any equitable charge created – whether any receipt liability or accessorial liability established
LEGISLATION:
Civil Proceedings Act 2011, s 58
Corporations Act 2001 (Cth), s 601AD(1)
Land Title Act 1994 Part 9Uniform Civil Procedure Rules 1999 r 69(1)
CASES CITED:
Assad v Eliana Construction & Developing Group Pty Ltd [2015] VSCA 53
ASIC v Citigroup Global Markets Australia Pty Ltd [No 4] (2007) 160 FCR 35
Bahr v Nicolay (No 2) (1988) 164 CLR 604
Barnes v Addy (1874) LR 9 Ch App 244
Caduceus Enterprises International Pty Ltd v Complete Lending Pty Ltd [2015] QDC 159
Caple v Wilson [2016] VSC 704
Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337
Comgroup Supplies Pty Ltd v Products for Industry Pty Ltd & Anor [2016] QCA 88
Cornerstone Property & Development Pty Ltd v Suellen Properties Pty Ltd & Anor [2015] 1 Qd R 75
Davan Developments Pty Ltd v HLB Mann Judd(SE Qld) Pty Ltd [2017] 1 Qd R 254
DPC Estates Pty Ltd v Grey [1974] 1 NSWLR 443
Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd [2017] HCA 12; (2017) 343 ALR 58
Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640
Farah Constructions…
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- Case
- [2017] QDC 238
- Decision Date
CaseChat Overview and Summary
The court found that the plaintiff's claims were based on an admitted joint venture, which did not generate any fiduciary duties between the parties. Furthermore, the court held that the plaintiff had not pleaded that any fiduciary duty was cast on the sole director of the alleged fiduciary. The plaintiff failed to establish any implied or express trust, constructive trust, or equitable charge. The court also determined that no receipt or accessorial liability was established.
Consequently, the court ordered that E-Coastal Developments Pty Ltd be removed as a party to the proceedings. The court also struck out the plaintiff’s Seventh Amended Statement of Claim against the third defendant and refused leave to amend the pleadings to allege any further cause of action against the second defendant. The second defendant was adjudged to pay the plaintiff $226,000.55, inclusive of interest of $100,872.30. The fourth defendant was granted judgment against the plaintiff. Submissions on costs, if any, were to be filed and served by 4pm on Friday 29 September 2017.
Orders
Orders of the court
1. It is ordered that E-Coastal Developments Pty Ltd is removed as a party to the proceedings.
2. It is ordered that the plaintiff’s Seventh Amended Statement of Claim, insofar as it makes allegations and seeks claims against the third defendant, is struck out.
3. Leave is refused to the plaintiff to amend its pleadings to allege any further cause of action against the second defendant.
4. It is adjudged that the second defendant pay the plaintiff the sum of $226,000.55 (inclusive of interest of $100,872.30).
5. It is adjudged that the fourth defendant have judgment against the plaintiff.
6. It is ordered that submissions on costs, if any, be filed and served by 4pm on Friday 29 September 2017.
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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