Checked-Out Pty Ltd v Eagle Eye Inspections Pty Ltd [2001] FCA 1855

Checked-Out Pty Ltd v Eagle Eye Inspections Pty Ltd [2001] FCA 1855

The second applicant should be removed as a party since no personal claim is made and no party asserts otherwise. The particulars furnished, though limited, are sufficient to justify that the proceeding continue at least to discovery and not be summarily dismissed as against the solicitor respondents at this stage.

Parties
First Applicant: Checked-Out Pty Ltd; Second Applicant: Philip Julian Hardcastle; First Respondent: Eagle Eye Inspections Pty Ltd; Second Respondent: Joseph Williams; Third Respondent: Wayne Cook; Fourth Respondent: Timothy Bollins; Fifth Respondent: Deborah Jean Williams; Sixth Respondent: Peter Adams t/a Peter Adams Solicitors & Attorneys; Seventh Respondent: Katarina Muc t/a G.H. Healey & Co. Blacktown and Bruce McCann t/a B.E. McCann & Co. Solicitors; Eighth Respondent: Mark Kelada t/a Mark Kelada Solicitors; Ninth Respondent: Michael Quinn t/a Quinns Solicitors; Tenth Respondent: John Michael Noyce & Gregory Laurence Martin t/a Noyce Lawyers; Eleventh Respondent: Henry Grech t/a Grech Partners Solicitors; Twelfth Respondent: Gregory Peter Guy t/a Guy & Associates Solicitors
Jurisdiction
Australia
Judgment Date
14 December 2001
Procedural Posture
Motion/interlocutory / Orders in Response to Interlocutory Motions, Including Motions for Summary Dismissal and Extension of Time for Provision of Security
Outcome
Time for providing security extended; second applicant removed as a party; summary dismissal motions stood over; costs reserved.
Legal Topics
Security for Costs, Summary Dismissal, Fiduciary Duties, Breach of Confidence, Copyright Infringement, Misleading or Deceptive Conduct
Intellectual Property Contract Law Trade Practices Equity Security for Costs Summary Dismissal Fiduciary Duties Breach of Confidence +2 more

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Parties

Checked-Out Pty Ltd

First Applicant

Philip Julian Hardcastle

Second Applicant

Eagle Eye Inspections Pty Ltd

First Respondent

Joseph Williams

Second Respondent

Wayne Cook

Third Respondent

Timothy Bollins

Fourth Respondent

Deborah Jean Williams

Fifth Respondent

Peter Adams t/a Peter Adams Solicitors & Attorneys

Sixth Respondent

Katarina Muc t/a G.H. Healey & Co. Blacktown and Bruce McCann t/a B.E. McCann & Co. Solicitors

Seventh Respondent

Mark Kelada t/a Mark Kelada Solicitors

Eighth Respondent

Michael Quinn t/a Quinns Solicitors

Ninth Respondent

John Michael Noyce & Gregory Laurence Martin t/a Noyce Lawyers

Tenth Respondent

Henry Grech t/a Grech Partners Solicitors

Eleventh Respondent

Gregory Peter Guy t/a Guy & Associates Solicitors

Twelfth Respondent

Procedural Posture

Motion/interlocutory / Orders in Response to Interlocutory Motions, Including Motions for Summary Dismissal and Extension of Time for Provision of Security

Legal Issues

  1. 1 Whether the second applicant should be removed as a party
  2. 2 Whether the proceedings should be summarily dismissed against the solicitor respondents (sixth to twelfth respondents)
  3. 3 Whether particulars of knowledge of wrongful conduct must be furnished to the solicitor respondents

Ratio Decidendi

The second applicant should be removed as a party since no personal claim is made and no party asserts otherwise. The particulars furnished, though limited, are sufficient to justify that the proceeding continue at least to discovery and not be summarily dismissed as against the solicitor respondents at this stage.

Court Disposition

Time for providing security extended; second applicant removed as a party; summary dismissal motions stood over; costs reserved.

Orders

  • Time for provision of security be extended to 5 April 2002.
  • Should security be provided, time for completion of discovery by the sixth to twelfth respondents be 26 April 2002.