Flexirent Capital Pty Ltd v Pro-Active Business Corporation Pty Ltd [2007] FCA 856

Flexirent Capital Pty Ltd v Pro-Active Business Corporation Pty Ltd [2007] FCA 856

Orders sought by the applicant are granted with liberty to apply reserved for the first and second respondents given their lack of formal notice and representation, balancing utility and fairness.

Parties
Applicant: Flexirent Capital Pty Ltd; First Respondent: Pro-Active Business Corporation Pty Ltd; Second Respondent: Jarrod Francis McKenzie; Third Respondent: Michael James Maunder; Fourth Respondent: Direct.2.U Pty Ltd; Fifth Respondent: Glyn Bethune; Sixth Respondent: Brian David McLeod; Seventh Respondent: Richard Sedawie; Eighth Respondent: Paul Brauer
Jurisdiction
Australia
Judgment Date
14 May 2007
Procedural Posture
Application / Leave to Discontinue Proceeding Against First and Second Respondents
Outcome
Proceeding discontinued against first and second respondents; no order as to costs; liberty to apply reserved for first and second respondents.

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Flexirent Capital Pty Ltd

Applicant

Pro-Active Business Corporation Pty Ltd

First Respondent

Jarrod Francis McKenzie

Second Respondent

Michael James Maunder

Third Respondent

Direct.2.U Pty Ltd

Fourth Respondent

Glyn Bethune

Fifth Respondent

Brian David McLeod

Sixth Respondent

Richard Sedawie

Seventh Respondent

Paul Brauer

Eighth Respondent

Procedural Posture

Application / Leave to Discontinue Proceeding Against First and Second Respondents

Legal Issues

  1. 1 Whether leave should be granted to discontinue the proceeding against the first and second respondents
  2. 2 Whether there should be any order as to costs between the applicant and the first and second respondents

Ratio Decidendi

Orders sought by the applicant are granted with liberty to apply reserved for the first and second respondents given their lack of formal notice and representation, balancing utility and fairness.

Court Disposition

Proceeding discontinued against first and second respondents; no order as to costs; liberty to apply reserved for first and second respondents.

Orders

  • The applicant have leave to discontinue the proceeding against the first and second respondents.
  • There be no order as to costs as between the applicant and the first and second respondents.