Rubis v Garrett as Trustee of the Andrew Garrett Family Trust Trading as Dynamic Commercial Workforce Solutions [2018] FCA 1760

Rubis v Garrett as Trustee of the Andrew Garrett Family Trust Trading as Dynamic Commercial Workforce Solutions [2018] FCA 1760

The notice to produce issued by the first respondent was an abuse of process and should be set aside; the proposed applicants are proper parties for joinder given commonality of issues raised; and the first respondent should be restrained from further action regarding the relevant security interests pending determination.

Jurisdiction
Australia
Judgment Date
08 November 2018
Procedural Posture
Interlocutory Application in Ongoing Proceeding / Interlocutory Hearing and Orders
Outcome
Interlocutory relief granted as sought by applicants.
Legal Topics
['personal Property Securities' 'security Interests' 'corporate Insolvency' 'vexatious Proceedings' 'joinder of Parties' 'abuse of Process' 'jurisdiction']
['commercial Law' 'corporations Law' 'insolvency Law'] ['personal Property Securities' 'security Interests' 'corporate Insolvency' 'vexatious Proceedings' 'joinder of Parties' 'abuse of Process' 'jurisdiction']

Case Brief

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Procedural Posture

Interlocutory Application in Ongoing Proceeding / Interlocutory Hearing and Orders

Legal Issues

  1. 1 ['Whether the first respondent holds a valid security interest under the Personal Property Securities Act 2009 (Cth)' 'Whether the notice to produce issued by the first respondent should be set aside as oppressive or an abuse of process' 'Whether certain parties should be joined as applicants' 'Whether the first respondent should be restrained from enforcing or registering security interests pending determination of proceedings']

Ratio Decidendi

The notice to produce issued by the first respondent was an abuse of process and should be set aside; the proposed applicants are proper parties for joinder given commonality of issues raised; and the first respondent should be restrained from further action regarding the relevant security interests pending determination.

Court Disposition

Interlocutory relief granted as sought by applicants.

Orders

  • ["The first respondent's notice to produce dated 8 October 2018 be set aside." 'Hall Chadwick (NSW) Pty Ltd ACN 103 221 352, Brent Kijurina, Richard Albarran, Altius Partners Pty Ltd and Francis Cahill be joined as applicants.' 'The applicants file and serve an amended originating application reflecting these...