Coeur De Lion Investments Pty Limited v The President's Club Limited, in the matter of The President's Club Limited [2019] FCA 994

Coeur De Lion Investments Pty Limited v The President's Club Limited, in the matter of The President's Club Limited [2019] FCA 994

The application for separate trials is dismissed; the various factual controversies regarding oppression and the operation of the scheme cannot be resolved by assumed facts alone, and the efficiencies and utility claimed by CDLI are not established.

Parties
Plaintiff/first Cross Respondent: Coeur De Lion Investments Pty Limited; Defendant/cross Claimant: The President's Club Limited; Second Cross Respondent: Palmer Leisure Australia Pty Ltd; Third Cross Respondent: Palmer Leisure Coolum Pty Ltd; Fourth Cross Respondent: Closeridge Pty Ltd; Fifth Cross Respondent: Palmer Coolum Resort Pty Ltd; Sixth Cross Respondent: Clive Frederick Palmer
Jurisdiction
Australia
Judgment Date
24 June 2019
Procedural Posture
Corporations Proceeding (winding Up Application and Cross Claim) / Interlocutory Application; Orders Regarding Separate Trials
Outcome
Application for separate trials dismissed; costs awarded against applicant.
Legal Topics
Winding Up of Company, Oppression Remedy, Managed Investment Scheme, Separate Trials, Just and Equitable Ground, Corporate Insolvency, Unconscionable Conduct
Corporations Law Practice and Procedure Winding Up of Company Oppression Remedy Managed Investment Scheme Separate Trials Just and Equitable Ground Corporate Insolvency +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Coeur De Lion Investments Pty Limited

Plaintiff/first Cross Respondent

The President's Club Limited

Defendant/cross Claimant

Palmer Leisure Australia Pty Ltd

Second Cross Respondent

Palmer Leisure Coolum Pty Ltd

Third Cross Respondent

Closeridge Pty Ltd

Fourth Cross Respondent

Palmer Coolum Resort Pty Ltd

Fifth Cross Respondent

Clive Frederick Palmer

Sixth Cross Respondent

Procedural Posture

Corporations Proceeding (winding Up Application and Cross Claim) / Interlocutory Application; Orders Regarding Separate Trials

Legal Issues

  1. 1 Whether the winding up application should be determined separately from the cross-claim
  2. 2 Whether assumed facts about oppression would be a basis for refusing a winding-up order
  3. 3 Whether case management by separate trials would lead to appropriate judicial economy

Ratio Decidendi

The application for separate trials is dismissed; the various factual controversies regarding oppression and the operation of the scheme cannot be resolved by assumed facts alone, and the efficiencies and utility claimed by CDLI are not established.

Court Disposition

Application for separate trials dismissed; costs awarded against applicant.

Orders

  • The interlocutory application filed by the plaintiff is dismissed.
  • The plaintiff pay the costs of The President's Club Limited of and incidental to the interlocutory application.