Australian Insolvency Group Pty Ltd v LCM Litigation Investment Fund No 1 Pty Ltd [2016] NSWSC 471

Australian Insolvency Group Pty Ltd v LCM Litigation Investment Fund No 1 Pty Ltd [2016] NSWSC 471

The motions for separate determination of questions and strike out of pleadings are dismissed because the proposed questions do not address the issues raised by AIG's pleadings and the allegations raise difficult questions of law and fact that require trial. The application for consolidation is refused as there is no common question of breach or construction of contract between proceedings. Applications for interlocutory relief are dismissed as the pleaded facts and evidence do not justify such orders. Leave is granted to AIG to amend its List Statement, with costs thrown away to be paid to defendants.

Jurisdiction
Australia
Judgment Date
21 April 2016
Procedural Posture
Equity / Interlocutory Motions and Procedural Rulings
Outcome
Motions dismissed or granted as set out below.
Legal Topics
['determination of Separate Questions' 'strike Out Pleadings' 'consolidation of Proceedings' 'interlocutory Relief' 'trust Administration' 'trustee Duties' 'litigation Funding' 'conflicts of Interest']
['equity' 'civil Procedure'] ['determination of Separate Questions' 'strike Out Pleadings' 'consolidation of Proceedings' 'interlocutory Relief' 'trust Administration' 'trustee Duties' 'litigation Funding' 'conflicts of Interest']

Case Brief

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Procedural Posture

Equity / Interlocutory Motions and Procedural Rulings

Legal Issues

  1. 1 ['Whether proposed separate questions address allegations as pleaded' 'Whether paragraphs of pleadings disclose reasonable cause of action' 'Whether proceedings should be consolidated' 'Whether interlocutory relief (payment of monies, service on other party) is warranted' 'Whether trustee breached duties in administration of the Trust and protection of trust assets']

Ratio Decidendi

The motions for separate determination of questions and strike out of pleadings are dismissed because the proposed questions do not address the issues raised by AIG's pleadings and the allegations raise difficult questions of law and fact that require trial. The application for consolidation is refused as there is no common question of breach or construction of contract between proceedings. Applications for interlocutory relief are dismissed as the pleaded facts and evidence do not justify such orders. Leave is granted to AIG to amend its List Statement, with costs thrown away to be paid to defendants.

Court Disposition

Motions dismissed or granted as set out below.

Orders

  • ["Dismiss the second defendant's (LCM's) notice of motion filed 8 April 2016 for the determination of separate questions and to strike out paragraphs of the List Statement." "Order LCM pay the plaintiff's (AIG's) costs of the motion in order 1." "Dismiss LCM's notice of motion filed 8 April 2016 to set aside the two...