Rafferty v Time 2000 West Pty Ltd (No 6) [2011] FCA 402

Rafferty v Time 2000 West Pty Ltd (No 6) [2011] FCA 402

Leave to intervene under s 236 of the Corporations Act 2001 (Cth) was refused because the application would serve no utility: the first respondent had no arguable opposition to the garnishee summons, costs and procedural history weighed against further delay, and third and fifth respondents did not establish good faith reasons for intervention. The garnishee order was granted in further satisfaction of the judgment.

Parties
First Applicant: Patrick Campbell Rafferty; Second Applicant: Santora Holdings Pty Ltd ACN 128 467 550; Third Applicant: Karaville Holdings Pty Ltd ACN 009 439 178; First Respondent: Time 2000 West Pty Ltd ACN 127 893 270; Second Respondent/second Cross Claimant: Time 2000 Systems (Australia) Pty Ltd ACN 127 853 614; Third Respondent/third Cross Claimant: Time 2000 Operations (Australia) Pty Ltd ACN 128 700 541; Fourth Respondent/fourth Cross Claimant: Embleton Limited (A Company Incorporated in Hong Kong); Fifth Respondent/first Cross Claimant: Stephen Gerard Donovan; Sixth Respondent/cross Respondent: Madgwicks
Jurisdiction
Australia
Judgment Date
14 April 2011
Procedural Posture
Interlocutory Application Within Civil Proceedings / Application for Garnishee Order and Application to Intervene; Post Judgment Enforcement
Outcome
Garnishee order granted; intervention refused; costs awarded.
Legal Topics
Garnishee Proceedings, Leave to Intervene Under Corporations Act 2001 (cth) S 236, Enforcement of Judgments, Costs
Civil Procedure Corporations Law Garnishee Proceedings Leave to Intervene Under Corporations Act 2001 (cth) S 236 Enforcement of Judgments Costs

Case Brief

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Parties

Patrick Campbell Rafferty

First Applicant

Santora Holdings Pty Ltd ACN 128 467 550

Second Applicant

Karaville Holdings Pty Ltd ACN 009 439 178

Third Applicant

Time 2000 West Pty Ltd ACN 127 893 270

First Respondent

Time 2000 Systems (Australia) Pty Ltd ACN 127 853 614

Second Respondent/second Cross Claimant

Time 2000 Operations (Australia) Pty Ltd ACN 128 700 541

Third Respondent/third Cross Claimant

Embleton Limited (A Company Incorporated in Hong Kong)

Fourth Respondent/fourth Cross Claimant

Stephen Gerard Donovan

Fifth Respondent/first Cross Claimant

Madgwicks

Sixth Respondent/cross Respondent

Procedural Posture

Interlocutory Application Within Civil Proceedings / Application for Garnishee Order and Application to Intervene; Post Judgment Enforcement

Legal Issues

  1. 1 Whether an order for garnishee summons should be made against National Australia Bank for funds in account of first respondent to satisfy the applicants' judgment.
  2. 2 Whether the third and fifth respondents are entitled to intervene under Corporations Act 2001 (Cth) s 236 on behalf of the first respondent to oppose the garnishee application.
  3. 3 Whether costs should be awarded in relation to the application to intervene.

Ratio Decidendi

Leave to intervene under s 236 of the Corporations Act 2001 (Cth) was refused because the application would serve no utility: the first respondent had no arguable opposition to the garnishee summons, costs and procedural history weighed against further delay, and third and fifth respondents did not establish good faith reasons for intervention. The garnishee order was granted in further satisfaction of the judgment.

Court Disposition

Garnishee order granted; intervention refused; costs awarded.

Orders

  • On the application of the first applicant, a garnishee summons be filed and served on National Australia Bank Limited as garnishee.
  • Orders made on 25 August 2010 varied as necessary to enable NAB to pay $95,862 from account held in the name of the first respondent to the first applicant; otherwise those orders continue in force.