Manitowoc Crane Group Asia Pte Ltd & Anor v Preston Erection Pty Ltd & Ors [2004] NSWSC 1141

Manitowoc Crane Group Asia Pte Ltd & Anor v Preston Erection Pty Ltd & Ors [2004] NSWSC 1141

On the proper construction of Pt 11 r 1A, an authorised director who satisfies the rule is entitled to represent a corporation as the corporation would be treated as a litigant in person. Personal involvement, lack of objectivity, competence or understanding of what is expected of a qualified representative did not provide sufficient grounds to disqualify Mr Preston. Even assuming the Court retained inherent jurisdiction to restrain an authorised director in special or extraordinary circumstances, the evidence did not establish circumstances sufficient to justify the orders sought, particularly given Mr Preston's statement that qualified persons would represent the defendants at the hearing.

Jurisdiction
Australia
Judgment Date
25 November 2004
Procedural Posture
Supreme Court Equity Division Civil Proceedings on Further Amended Notice of Motion / Plaintiffs' Application to Restrain Mr John Preston From Continuing to Represent the Defendant Corporations
Outcome
Application for disqualification refused; Further Amended Notice of Motion dismissed.
Legal Topics
['representation of Corporations by Authorised Director' 'disqualification of Representative' 'inherent Jurisdiction to Supervise Litigation' 'litigants in Person' 'supreme Court Rules 1970 (nsw) Pt 11 R 1 A']
['civil Procedure'] ['representation of Corporations by Authorised Director' 'disqualification of Representative' 'inherent Jurisdiction to Supervise Litigation' 'litigants in Person' 'supreme Court Rules 1970 (nsw) Pt 11 R 1 A']

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Procedural Posture

Supreme Court Equity Division Civil Proceedings on Further Amended Notice of Motion / Plaintiffs' Application to Restrain Mr John Preston From Continuing to Represent the Defendant Corporations

Legal Issues

  1. 1 ['Whether Mr John Preston, a director of each defendant corporation, should be restrained from continuing to represent the defendants/cross-claimants in the proceedings.' 'Whether personal involvement, lack of objectivity, competence or understanding by an authorised director can justify disqualification where Pt 11 r 1A permits a corporation to appear or defend by an authorised director.' "Whether the Court's inherent jurisdiction to supervise litigation remains available to prohibit an authorised director from appearing for a corporation in special or extraordinary circumstances."]

Ratio Decidendi

On the proper construction of Pt 11 r 1A, an authorised director who satisfies the rule is entitled to represent a corporation as the corporation would be treated as a litigant in person. Personal involvement, lack of objectivity, competence or understanding of what is expected of a qualified representative did not provide sufficient grounds to disqualify Mr Preston. Even assuming the Court retained inherent jurisdiction to restrain an authorised director in special or extraordinary circumstances, the evidence did not establish circumstances sufficient to justify the orders sought, particularly given Mr Preston's statement that qualified persons would represent the defendants at the hearing.

Court Disposition

Application for disqualification refused; Further Amended Notice of Motion dismissed.

Orders

  • ['The Further Amended Notice of Motion be dismissed.' 'Each party pay its own costs.']