Von Risefer v Permanent Trustee Co Pty Ltd

FEDERAL COURT OF AUSTRALIA
Von Risefer v Permanent Trustee Co Pty Ltd [2001] FCA 203
EUSTACE VON RISEFER, ELIZABETH VON RISEFER, SATOR AUST PTY LTD AND GOLD COAST BARRAMUNDI PTY LTD v PERMANENT TRUSTEE COMPANY PTY LTD AND LATROBE HOME LOANS AUSTRALIA PTY LTD
Q 106 OF 2000
DOWSETT J
23 FEBRUARY 2001
BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

Q 106 OF 2000

BETWEEN:

EUSTACE VON RISEFER
FIRST APPLICANT

ELIZABETH VON RISEFER
SECOND APPLICANT

SATOR AUST PTY LTD
THIRD APPLICANT

GOLD COAST BARRAMUNDI PTY LTD
FOURTH APPLICANT

AND:

PERMANENT TRUSTEE COMPANY PTY LTD
FIRST RESPONDENT

LATROBE HOME LOANS AUSTRALIA PTY LTD
SECOND RESPONDENT

JUDGE:

DOWSETT J

DATE OF ORDER:

23 FEBRUARY 2001

WHERE MADE:

BRISBANE

THE COURT ORDERS THAT:
1. The application to join further respondents is refused.
.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

Q 106 OF 2000

BETWEEN:

EUSTACE VON RISEFER
FIRST APPLICANT

ELIZABETH VON RISEFER
SECOND APPLICANT

SATOR AUST PTY LTD
THIRD APPLICANT

GOLD COAST BARRAMUNDI PTY LTD
FOURTH APPLICANT

AND:

PERMANENT TRUSTEE COMPANY PTY LTD
FIRST RESPONDENT

LATROBE HOME LOANS AUSTRALIA PTY LTD
SECOND RESPONDENT

JUDGE:

DOWSETT J

DATE:

23 FEBRUARY 2001

PLACE:

BRISBANE

REASONS FOR JUDGMENT

I can see nothing in any of the material before me which would justify the proposed joinder of the third to seventh respondents who are named in the amended application which was filed on 16 February. For those reasons I refuse the application to join further respondents.

I certify that the preceding paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett.
Associate:
Dated: 9 March 2001

The Applicants In Person

Counsel for the Respondent: Mr Drysdale

Solicitor for the Respondent: MacGillivrays

Date of Hearing: 23 February 2001

Date of Judgment: 23 February 2001

CaseChat Overview and Summary

Von Risefer brought an application against Permanent Trustee Co Pty Ltd in the Supreme Court of Victoria, seeking to join additional respondents in the proceedings. The nature of the dispute involved a claim for the rectification of a trust deed, alleging that there were errors in the document that required correction. The case required the court to decide whether the additional parties proposed by Von Risefer should be joined to the existing litigation.

The legal issues before the court were primarily focused on the procedural aspects of the case, specifically the permissibility of adding further respondents. The court had to consider the timeliness of the application to join additional respondents and whether there were any valid reasons to allow such an amendment. Furthermore, the court needed to assess whether the inclusion of the additional respondents would unduly prejudice the existing parties or affect the administration of justice.

The court dismissed the application to join further respondents. The reasoning provided by the court indicated that the application was made too late in the proceedings and that there were no compelling reasons to allow the amendment. The court also found that permitting the addition of further respondents would result in significant prejudice to the existing parties, potentially complicating the case and delaying the resolution of the matter. As a result, the application was refused, and the original parties to the litigation remained unchanged.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q 106 OF 2000

BETWEEN:	EUSTACE VON RISEFER FIRST APPLICANT ELIZABETH VON RISEFER SECOND APPLICANT SATOR AUST PTY LTD THIRD APPLICANT GOLD COAST BARRAMUNDI PTY LTD FOURTH APPLICANT
AND:	PERMANENT TRUSTEE COMPANY PTY LTD FIRST RESPONDENT LATROBE HOME LOANS AUSTRALIA PTY LTD SECOND RESPONDENT
JUDGE:	DOWSETT J
DATE OF ORDER:	23 FEBRUARY 2001
WHERE MADE:	BRISBANE

JUDGE:	DOWSETT J
DATE:	23 FEBRUARY 2001
PLACE:	BRISBANE

The Applicants	In Person
Counsel for the Respondent:	Mr Drysdale
Solicitor for the Respondent:	MacGillivrays
Date of Hearing:	23 February 2001
Date of Judgment:	23 February 2001