Re La Rosa; Ex parte Norgard v Rodpat Nominees Pty Ltd

The parties involved in this case are Rodpat Nominees Pty Ltd, Rodney John Ferguson, John Dolling, and Richard O'Neale. The dispute pertains to a recovery action concerning preferential payments made during a bankruptcy. The respondent, Rodpat Nominees, seeks leave to cross-claim against the officers of the bank alleging their participation in a breach of duty, which includes a constructive trust, misleading or deceptive conduct, and cheque exchange transactions. The application is before the court to decide on the availability of contribution under section 87 of the Trade Practices Act and at equity.

The legal issues the court had to address include whether the respondent can cross-claim against the bank's officers for contribution and indemnity. The court also needed to determine if the principles of contribution under the Trade Practices Act and at equity apply to this case. Additionally, the court had to consider whether misleading or deceptive conduct and cheque exchange transactions constituted a breach of duty by the bank's officers.

In reaching its decision, the court considered the principles of contribution under the Trade Practices Act and equity. The court found that the respondent could indeed file a third cross-claim against the bank's officers. The court acknowledged that misleading or deceptive conduct and cheque exchange transactions may amount to a breach of duty by the bank's officers. The court concluded that the principles of contribution at equity could be applied in this case. Therefore, the court granted leave for the respondent to file a third cross-claim against the bank's officers and ordered the respondent to pay the costs of the applicants.

The final orders of the court are that Rodpat Nominees Pty Ltd and Rodney John Ferguson have leave to file a third cross-claim against John Dolling and Richard O'Neale. Additionally, Rodpat Nominees Pty Ltd and Rodney John Ferguson must pay the costs of the applicants on this motion, with the costs in other matters to be reserved. The settlement and entry of orders are governed by Rule 124 of the Bankruptcy Rules.