Toms v Fuller

[2009] QSC 415

SUPREME COURT OF QUEENSLAND

CITATION:

Toms & Ors v Fuller [2009] QSC 415

PARTIES:

STEPHEN NORMAN TOMS
(first respondent/plantiff)
PHILLIP TOYNE
(second respondent/plaintiff)
CHARLES ERNEST BRIGHT
(third respondent/plaintiff)
BRETT HEADING
(fourth respondent/plaintiff)
v
DONALD FULLER
(applicant/defendant)

FILE NO:

BS 3234 of 2009

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

18 December 2009

DELIVERED AT:

Brisbane

HEARING DATE:

25 September 2009

JUDGE:

P Lyons J

ORDERS:

1.          The defendant is refused leave to file the Further Amended Defence and Counterclaim.

2.          The plaintiffs are granted leave to discontinue their claim.

CATCHWORDS:

PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PROCEDURE UNDER RULES OF COURT – PLEADING – GENERALLY – where the applicant seeks leave to read and file a further amended defence and counterclaim – where it was previously ordered by a Justice of the Supreme Court that the applicant could not file any subsequent pleadings without the leave of the Court – whether the applicant should be granted leave

Corporations Act 2001 (Cth), s 181, s 184, s 295A.
Uniform Civil Procedure Rules 1999 (Qld), r 149.

COUNSEL:

The applicant appeared in person
K Barlow for the respondents

SOLICITORS:

The applicant appeared in person
Mallesons Stephens Jacques for the respondents

1. LYONS J: P As a result of an order made on 24 July 2009, Mr Fuller is unable to file a pleading in this matter, unless he obtains the leave of the Court.  He now seeks leave to file a document described as a Further Amended Defence and Counterclaim (FADC). 

Background

1. Mr Fuller alleges that in 2008 he was leading negotiations on “a multi-billion-dollar buy-in-or-buy-out deal” relating to Australian Agricultural Company Limited (AA Co). The FADC suggests that, at various relevant times, Mr Fuller had access to the following documents:-

(a)        The Annual Report of AA Co for the year ending 30 June 2007 (including financial statements) (the 2007 Report);

(b)        A “results presentation” by AA Co for the year ending 31 December 2007 (the 2007 Results Presentation);

(c)        A document described as the “AA Co ASX/Media Release” of 31 December 2007 (the December 2007 Media Release);

(d)        The final and audited financial report for AA Co for the year ending 30 June 2008, published on 10 February 2009 (the 2008 Report);

(e)        A document described as “Additional Information Arising From 2008 Results Presentation Q&A,” dated 26 March 2009 (the 2009 Additional Information).

1. Between February and March 2009, Mr Fuller wrote a series of letters to various entities including the Australian Securities and Investment Commission (ASIC), and a number of companies involved in the pastoral industry, in relation to AA Co.  At the time when the letters were sent, the plaintiffs held various offices with AA Co.  It would seem that in the letters, Mr Fuller was critical of the contents of a number of these documents, and of the plaintiffs. On 27 March 2009,…