Hopkins, Ann v Seymour Softwoods Ltd & Ors [1997] FCA 1354

Hopkins, Ann v Seymour Softwoods Ltd & Ors [1997] FCA 1354

Leave to file the cross-claim, except for specified paragraphs (16, 17, 21), is granted as the issues arising are necessarily connected to the outcome of the main action and can be dealt with efficiently in the same proceeding, provided appropriate safeguards are put in place. The Court's obligation to determine all related matters in one proceeding outweighs timeliness concerns, subject to protection of the applicant through security for costs and opportunity to seek rescission if substantial procedural difficulties arise.

Parties
Applicant/cross Respondent: ann hopkins; First Respondent/cross Claimant: seymour softwoods limited (Controller Appointed) (acn 007 055 889); Second Respondent/cross Claimant: sintoff pty limited (Receiver Appointed) (acn 006 621 487); Third Respondent/cross Claimant: berrema finance pty limited (Receiver Appointed) (acn 005 982 605); Fourth Respondent: equuscorp pty limited (formerly called equus financial services limited) (acn 006 012 344)
Jurisdiction
Australia
Judgment Date
26 November 1997
Procedural Posture
Practice & Procedure / Application for Leave to File Cross Claim
Outcome
Leave to file cross-claim granted in part; application allowed in part; costs ordered against first, second, and third respondents.
Legal Topics
Leave to File Cross Claim, Security for Costs
Civil Procedure Leave to File Cross Claim Security for Costs

Case Brief

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Parties

ann hopkins

Applicant/cross Respondent

seymour softwoods limited (Controller Appointed) (acn 007 055 889)

First Respondent/cross Claimant

sintoff pty limited (Receiver Appointed) (acn 006 621 487)

Second Respondent/cross Claimant

berrema finance pty limited (Receiver Appointed) (acn 005 982 605)

Third Respondent/cross Claimant

equuscorp pty limited (formerly called equus financial services limited) (acn 006 012 344)

Fourth Respondent

Procedural Posture

Practice & Procedure / Application for Leave to File Cross Claim

Legal Issues

  1. 1 Whether leave should be granted to file a cross-claim after the ordinary time
  2. 2 Whether particular paragraphs (16, 17, 21) of the proposed cross-claim should be allowed
  3. 3 Whether further evidence should be allowed

Ratio Decidendi

Leave to file the cross-claim, except for specified paragraphs (16, 17, 21), is granted as the issues arising are necessarily connected to the outcome of the main action and can be dealt with efficiently in the same proceeding, provided appropriate safeguards are put in place. The Court's obligation to determine all related matters in one proceeding outweighs timeliness concerns, subject to protection of the applicant through security for costs and opportunity to seek rescission if substantial procedural difficulties arise.

Court Disposition

Leave to file cross-claim granted in part; application allowed in part; costs ordered against first, second, and third respondents.

Orders

  • Leave granted to first, second and third respondents to file cross-claim, except as to paragraphs sixteen, seventeen, and twenty-one (leave refused for those).
  • No further evidence in respect of issues raised by the cross-claim may be adduced without leave of the Court, such leave to be sought by 17 December 1997.