Basetec Services Pty Ltd v CPB Contractors Pty Ltd (formerly Leighton Contractors Pty Ltd) [2017] FCA 510

Basetec Services Pty Ltd v CPB Contractors Pty Ltd (formerly Leighton Contractors Pty Ltd) [2017] FCA 510

Leave to non-lawyer representation under r 4.01(2) should not be granted in the circumstances due to lack of evidence of financial incapacity, prior improper conduct, complexity of proceedings, delay in obtaining legal representation, and risk to objective conduct of proceedings; however, the sole director bound by...

Source-derived case information.

Parties
Appellant/applicant/cross Respondent: Basetec Services Pty Ltd; Respondent: CPB Contractors Pty Ltd (formerly Leighton Contractors Pty Ltd); Cross Claimant: Leighton Contractors Pty Ltd
Jurisdiction
Australia
Judgment Date
27 April 2017
Procedural Posture
Interlocutory Applications / Motion for Leave to Non Lawyer Representation; Appeal; Applications for Security for Costs and Variation of Injunction
Legal Topics
Corporate Representation, Security for Costs, Injunctions, Leave to Appear by Non Lawyer
Practice and Procedure Commercial Law Corporations Law Corporate Representation Security for Costs Injunctions Leave to Appear by Non Lawyer

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Parties

Basetec Services Pty Ltd

Appellant/applicant/cross Respondent

CPB Contractors Pty Ltd (formerly Leighton Contractors Pty Ltd)

Respondent

Leighton Contractors Pty Ltd

Cross Claimant

Procedural Posture

Interlocutory Applications / Motion for Leave to Non Lawyer Representation; Appeal; Applications for Security for Costs and Variation of Injunction

Legal Issues

  1. 1 Can Basetec be represented by a person who is not a lawyer under r 4.01(2) and r 1.34 of the Federal Court Rules 2011?
  2. 2 Should leave be granted to Mr Charles Figallo or Mr Paul Figallo to represent Basetec?
  3. 3 Does Mr Charles Figallo have standing in his personal capacity regarding the application to vary an injunction?

Ratio Decidendi

Leave to non-lawyer representation under r 4.01(2) should not be granted in the circumstances due to lack of evidence of financial incapacity, prior improper conduct, complexity of proceedings, delay in obtaining legal representation, and risk to objective conduct of proceedings; however, the sole director bound by an injunction has standing in his personal capacity to be heard regarding its variation.