A C & M Prince Pty Ltd v Slater & Gordon Ltd [2007] FCA 1002

A C & M Prince Pty Ltd v Slater & Gordon Ltd [2007] FCA 1002

Neither the affidavit nor the application disclosed any reasonable prospects of success for the applicant in setting aside the statutory demand or in claims against either respondent. There was no defect in the statutory demand, no proper dispute of the bill, and the relevant statutory provisions did not apply to the supply of legal services. No admissions of liability by the second respondent were established. The proceedings constituted an abuse of process.

Jurisdiction
Australia
Judgment Date
02 July 2007
Procedural Posture
Application / Final Judgment
Outcome
Application dismissed; respondents' motions upheld.
Legal Topics
['statutory Demand' 'implied Warranty' 'merchantable Quality' 'abuse of Process']
['corporations Law' 'commercial Law' 'civil Procedure'] ['statutory Demand' 'implied Warranty' 'merchantable Quality' 'abuse of Process']

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Procedural Posture

Application / Final Judgment

Legal Issues

  1. 1 ['Whether statutory demand should be set aside under s 459G of the Corporations Act 2001 (Cth)' 'Whether the first respondent supplied legal services not of merchantable quality or due care and skill' 'Whether the second respondent supplied packaging film breaching implied warranty conditions under s 71 Trade Practices Act 1974 (Cth)' 'Whether duplicate litigation in the Federal Court constitutes an abuse of process']

Ratio Decidendi

Neither the affidavit nor the application disclosed any reasonable prospects of success for the applicant in setting aside the statutory demand or in claims against either respondent. There was no defect in the statutory demand, no proper dispute of the bill, and the relevant statutory provisions did not apply to the supply of legal services. No admissions of liability by the second respondent were established. The proceedings constituted an abuse of process.

Court Disposition

Application dismissed; respondents' motions upheld.

Orders

  • ['The proceeding against the first respondent be dismissed.' 'The motion by the second respondent filed 25 June 2007 be amended to include reliance on Order 20 rule 2 of the Federal Court Rules.' 'The proceeding against the second respondent be dismissed.' "The applicant pay both respondents' costs on an indemnity...