Simto Resources Ltd v Normandy Capital Ltd

Case [1993] FCA 468


SIMTO RESOURCES LIMITED v. NORMANDY CAPITAL LIMITED and GINO VITALE; NORMANDY
CAPITAL LIMITED v. SIMTO RESOURCES LTD, JOHN VINCENT CARUSO and ANTHONY
ROYSTON HYDE
No. WAG9 of 1991
FED No. 468/93
Number of pages - 10
Corporations - Practice And Procedure

COURT

IN THE FEDERAL COURT OF AUSTRALIA


WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION
FRENCH J
CATCHWORDS

Corporations - proceedings - legal representation - leave to proceed without legal representation - relevant criteria - whether sufficient reason - motion dismissed.


Practice And Procedure - legal proceedings - representation - corporation - representation other that by solicitor - relevant criteria - sufficient reason.


Federal Court Rules


Arbuthnot Leasing International Ltd v Havelet Leasing Ltd (1991) 1 All ER 591


Bay Marine Pty Ltd v Clayton Country Properties Pty Ltd (1986) 11 ACLR 326


Tritonia Ltd v Equity and Law Life Assurance Society (1943) AC 584


Re G.J. Mannix Ltd (1984) 1 NZLR 309


Battle v Irish Art Promotion Centre Ltd (1968) IR 252


Peters v Australian Institute of Food Science and Technology Ltd (1986) 10 ACLR 547


Molnar Engineering Pty Ltd v Burns (1984) 3 FCR 68

HEARING

PERTH, 28 June 1993

#DATE 29:6:1993


Counsel for the Applicant: Mr J.V. Caruso, a Director of

the Applicant appeared by leave on the motion.


Counsel for the Respondents: Mr M.J. McCusker QC and

Mr J. Gilmour


Solicitor for the Respondents: Pullinger Sanderson and

Workman

ORDER

The Court Orders that:

  1. The applicant be granted leave pursuant to O.4 r.14 to carry of the proceedings otherwise than by a solicitor for the purpose of resisting the respondents' motion to strike our the application and for the purpose of directions as to the future conduct of the proceedings.

  1. The applicant's motion be otherwise dismissed.

  1. The Applicant pay the respondents' costs of the motion.

Note: Settlement and entry of Orders is dealt with in Order 36 of the Federal Court Rules.

JUDGE1

REASONS FOR JUDGMENT ON MOTION BY CORPORATION FOR LEAVE TO PROCEED WITHOUT SOLICITOR

Introduction

FRENCH J The present proceedings have been on foot since February 1991. The trial of the action, estimated to take three months, commences on 5 July 1993. It has been listed since June 1992. The action involves a claim for some $31 million in damages for misleading or deceptive conduct in relation to the arranging of project finance for a major mineral sands project. It will involve complex questions of fact and law. Less than two weeks prior to the commencement of the trial, the corporate applicant has terminated the retainer of its solicitors and counsel. The company now seeks leave to proceed without a solicitor and to be represented by one of its directors. The Court is asked to grant leave under O.4 r.14 of the Federal Court Rules.


Factual Background
2. By proceedings instituted on 5 February 1991, Simto Resources Ltd ("Simto") claims damages against Normandy Capital Ltd ("Normandy") and one of its directors, Gino Vitale. The damages, exceeding $31 million, are alleged to have been suffered as the…

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Details
AGLC
Simto Resources Ltd v Normandy Capital Ltd & Anor Normandy Capital Ltd v Simto Resources Ltd & Ors. [1993] FCA 468
Case
[1993] FCA 468
Decision Date

CaseChat Overview and Summary

Simto Resources Ltd sought leave to proceed without legal representation in a matter against Normandy Capital Ltd. The application arose from an earlier dispute where Normandy Capital had made an application to strike out Simto Resources' application, which was resisted by Simto Resources. The matter was before the Court, which was required to determine whether Simto Resources had provided sufficient reason to be granted leave to proceed without legal representation. The relevant criteria for such a decision were outlined in the Court’s rules and considered in light of the specific circumstances of the case.

The Court examined the reasons provided by Simto Resources for seeking to proceed without legal representation and assessed whether these reasons met the criteria set out in the Court's rules. The Court also considered the complexity of the legal issues involved in the case and the potential consequences for Simto Resources if they were to proceed without legal representation. After careful consideration, the Court found that while there were circumstances that might ordinarily warrant such leave, the specific reasons provided by Simto Resources did not sufficiently justify the grant of leave in this case. Consequently, the Court decided that Simto Resources was not entitled to proceed without legal representation.

The Court granted leave for Simto Resources to carry on the proceedings without a solicitor for specific purposes related to resisting the motion to strike out and for obtaining directions on the future conduct of the proceedings. However, the broader application for leave to proceed without legal representation was dismissed. Additionally, the Court ordered Simto Resources to pay the costs of the motion to Normandy Capital. The final orders were to be settled and entered in accordance with the relevant rules of the Federal Court.

Orders

Orders of the court

The Court Orders that:

1.

The applicant be granted leave pursuant to O.4 r.14 to carry of the proceedings otherwise than by a solicitor for the purpose of resisting the respondents' motion to strike our the application and for the purpose of directions as to the future conduct of the proceedings.

2.

The applicant's motion be otherwise dismissed.

3.

The Applicant pay the respondents' costs of the motion.

Note: Settlement and entry of Orders is dealt with in Order 36 of the Federal Court Rules.

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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