Sartori v BM2008 Pty Ltd (No 2) [2010] FCA 1160

Sartori v BM2008 Pty Ltd (No 2) [2010] FCA 1160

The applicants and proposed applicants should be joined, and leave should be given to amend the application and statement of claim, as their interests and the litigation's proper conduct require the presence of all relevant parties. The substantive issues concerning assignment, standing, limitation, and abuse of process are not suitable for summary determination, and conflicting positions on assignment and statutory causes of action remain arguable for trial. Costs should be in the cause, with liberty to apply.

Jurisdiction
Australia
Judgment Date
27 October 2010
Procedural Posture
Motion/interlocutory Application / Ruling on Joinder of Parties, Amendment, and Costs
Outcome
Motions for joinder, amendment, and related orders granted; costs in the cause unless contrary submissions are filed within 14 days
Legal Topics
['joinder of Parties' 'share Capital and Register Corrections' 'assignment of Causes of Action' 'limitation Periods' 'liquidation and Winding Up' "directors' Duties" 'oppression Remedies']
['practice and Procedure' 'corporations Law'] ['joinder of Parties' 'share Capital and Register Corrections' 'assignment of Causes of Action' 'limitation Periods' 'liquidation and Winding Up' "directors' Duties" 'oppression Remedies']

Case Brief

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Procedural Posture

Motion/interlocutory Application / Ruling on Joinder of Parties, Amendment, and Costs

Legal Issues

  1. 1 ['Whether additional parties/applicants/respondents should be joined to proceedings' 'Whether leave should be granted to amend the application and statement of claim' 'Whether the assignment of causes of action is valid and gives standing' 'Whether limitation periods bar causes of action relating to disputed share issues' 'Whether proceedings amount to abuse of process or involve maintenance or champerty' 'Entitlement to relief to set aside certain share issues and rectify the share register']

Ratio Decidendi

The applicants and proposed applicants should be joined, and leave should be given to amend the application and statement of claim, as their interests and the litigation's proper conduct require the presence of all relevant parties. The substantive issues concerning assignment, standing, limitation, and abuse of process are not suitable for summary determination, and conflicting positions on assignment and statutory causes of action remain arguable for trial. Costs should be in the cause, with liberty to apply.

Court Disposition

Motions for joinder, amendment, and related orders granted; costs in the cause unless contrary submissions are filed within 14 days

Orders

  • ['Steve Iliopoulos, Perth Freightlines Pty Ltd ACN 129 516 990 and VFS Group Pty Ltd ACN 121 880 751 be added as applicants' 'Leave to join as respondents Dianne Margaret Cox, Wallis Securities Pty Ltd, Tony Kosovic, Arthur William Ransom, Neil Warren, Hugh Young, Janet Irene Napier, Kevin Joseph Small and Robert...