Bernard Laverty v Poynten [2000] NSWSC 1018

Bernard Laverty v Poynten [2000] NSWSC 1018

The application for adjournment was refused as the judge found no sufficient basis to delay proceedings; judgment was granted for the plaintiff by consent after the defendant indicated willingness to consent if adjournment was not granted.

Parties
Plaintiff: Bernard Laverty Pty Limited; First Defendant: John Goldsworthy Poynten
Jurisdiction
Australia
Judgment Date
30 October 2000
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for the plaintiff against the first defendant with costs
Legal Topics
Application for Adjournment, Final Orders by Consent, Negligence by Director
Commercial Law Application for Adjournment Final Orders by Consent Negligence by Director

Case Brief

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Parties

Bernard Laverty Pty Limited

Plaintiff

John Goldsworthy Poynten

First Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether an adjournment should be granted due to ongoing criminal proceedings
  2. 2 Whether the first defendant was negligent as a director if fraud was perpetrated by others unknown to him

Ratio Decidendi

The application for adjournment was refused as the judge found no sufficient basis to delay proceedings; judgment was granted for the plaintiff by consent after the defendant indicated willingness to consent if adjournment was not granted.

Court Disposition

Judgment for the plaintiff against the first defendant with costs

Orders

  • Judgment for the plaintiff against the first defendant in the sum of $1,312,895.50 inclusive of interest to 30 October 2000
  • First defendant to pay plaintiff's costs of proceedings against him