Benjamin Hornigold Ltd v John Bridgeman Limited (No 3) (Strikeout, Representation, and Costs) [2025] FCA 94

Benjamin Hornigold Ltd v John Bridgeman Limited (No 3) (Strikeout, Representation, and Costs) [2025] FCA 94

The fourth defendant's defence contained discursive and embarrassing material contrary to the Federal Court Rules 2011 (Cth) and relevant authorities. Those parts were struck out. Mr McAuliffe, having caused prejudice and delay as a director, was ordered to pay costs on an indemnity and party/party basis, the costs being fixed and payable forthwith. Leave for Mr McAuliffe to represent the first defendant without a solicitor was dismissed due to deregistration and failure to demonstrate appropriateness.

Parties
Plaintiff: Benjamin Hornigold Limited; First Defendant: John Bridgeman Limited; Second Defendant: Bryan Raymond Cook; Third Defendant: Vincent Roy Gordon; Fourth Defendant: JB Markets Pty Limited; Non Party Cost Applicant: Stuart McAuliffe
Jurisdiction
Australia
Judgment Date
10 February 2025
Procedural Posture
Commercial and Corporations Proceeding / Interlocutory Applications (strike Out, Leave to Represent, Costs)
Outcome
Strike out of parts of defence allowed; non-party costs orders made against director; leave to represent refused.
Legal Topics
Pleadings, Strike Out Applications, Company Representation, Non Party Costs, Indemnity Costs, Corporations Deregistration
Practice and Procedure Corporations Law Pleadings Strike Out Applications Company Representation Non Party Costs Indemnity Costs Corporations Deregistration

Case Brief

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Parties

Benjamin Hornigold Limited

Plaintiff

John Bridgeman Limited

First Defendant

Bryan Raymond Cook

Second Defendant

Vincent Roy Gordon

Third Defendant

JB Markets Pty Limited

Fourth Defendant

Stuart McAuliffe

Non Party Cost Applicant

Procedural Posture

Commercial and Corporations Proceeding / Interlocutory Applications (strike Out, Leave to Represent, Costs)

Legal Issues

  1. 1 Whether portions of the fourth defendant's defence should be struck out under r 16.21 of the Federal Court Rules 2011 (Cth)
  2. 2 Whether directors should be permitted to represent a company otherwise than by a solicitor
  3. 3 Whether costs should be awarded against Mr McAuliffe personally on indemnity and party/party bases, and payable forthwith

Ratio Decidendi

The fourth defendant's defence contained discursive and embarrassing material contrary to the Federal Court Rules 2011 (Cth) and relevant authorities. Those parts were struck out. Mr McAuliffe, having caused prejudice and delay as a director, was ordered to pay costs on an indemnity and party/party basis, the costs being fixed and payable forthwith. Leave for Mr McAuliffe to represent the first defendant without a solicitor was dismissed due to deregistration and failure to demonstrate appropriateness.

Court Disposition

Strike out of parts of defence allowed; non-party costs orders made against director; leave to represent refused.

Orders

  • Parts of the fourth defendant's defence as identified are struck out under r 16.21 of the Federal Court Rules 2011 (Cth).
  • Fourth defendant to serve and file amended defence within 7 days, subject to plaintiff's consent or application for leave.