Maisey, Glenn Wayne & Ors v First Coast Pty Ltd & Ors [1984] FCA 20

Maisey, Glenn Wayne & Ors v First Coast Pty Ltd & Ors [1984] FCA 20

The claims against the fifth respondent are entirely severable from those against the other respondents, constitute a separate non-federal controversy, and it is appropriate to exercise discretion to strike out the proceedings against the fifth respondent in the Federal Court, without prejudice to the applicants' rights to pursue other proceedings in the relevant State Courts.

Parties
Applicant: Glenn Wayne Maisey; Applicant: Jacqueline Annette Maisey; Applicant: Elizabeth Smedley; Applicant: Nick James Pty. Limited; First Respondent: First Coast Pty Ltd; Second Respondent: Surety Investments Pty Ltd; Third Respondent: Mudgeeraba Village Estates Pty Ltd; Fourth Respondent: Zolene Elizabeth Perry; Fifth Respondent: Stephen Joseph English; First Cross Claimant: Mudgeeraba Village Estates Pty Ltd; Second Cross Claimant: Zolene Elizabeth Perry; First Cross Respondent: First Coast Pty Ltd; Second Cross Respondent: Surety Investments Pty Ltd; Third Cross Respondent: David White
Jurisdiction
Australia
Judgment Date
21 February 1984
Procedural Posture
Civil / Interlocutory Application—motion to Strike Out Against Fifth Respondent
Outcome
Application struck out as against the fifth respondent (Stephen Joseph English), without prejudice to applicants commencing other appropriate proceedings; applicants to pay his taxed costs, including reserved costs.
Legal Topics
Breach of S.52 Trade Practices Act, Misrepresentation, Negligent Misstatement, Breach of Duty by Solicitor, Jurisdiction, Proper Party Joinder
Trade Practices Torts Contract Breach of S.52 Trade Practices Act Misrepresentation Negligent Misstatement Breach of Duty by Solicitor Jurisdiction +1 more

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Parties

Glenn Wayne Maisey

Applicant

Jacqueline Annette Maisey

Applicant

Elizabeth Smedley

Applicant

Nick James Pty. Limited

Applicant

First Coast Pty Ltd

First Respondent

Surety Investments Pty Ltd

Second Respondent

Mudgeeraba Village Estates Pty Ltd

Third Respondent

Zolene Elizabeth Perry

Fourth Respondent

Stephen Joseph English

Fifth Respondent

Mudgeeraba Village Estates Pty Ltd

First Cross Claimant

Zolene Elizabeth Perry

Second Cross Claimant

First Coast Pty Ltd

First Cross Respondent

Surety Investments Pty Ltd

Second Cross Respondent

David White

Third Cross Respondent

Procedural Posture

Civil / Interlocutory Application—motion to Strike Out Against Fifth Respondent

Legal Issues

  1. 1 Whether the claims against the fifth respondent should be heard in the Federal Court
  2. 2 Whether the claims against the fifth respondent are severable and constitute a non-federal controversy
  3. 3 Whether discretion should be exercised to strike out the proceedings against the fifth respondent

Ratio Decidendi

The claims against the fifth respondent are entirely severable from those against the other respondents, constitute a separate non-federal controversy, and it is appropriate to exercise discretion to strike out the proceedings against the fifth respondent in the Federal Court, without prejudice to the applicants' rights to pursue other proceedings in the relevant State Courts.

Court Disposition

Application struck out as against the fifth respondent (Stephen Joseph English), without prejudice to applicants commencing other appropriate proceedings; applicants to pay his taxed costs, including reserved costs.

Orders

  • In Applications G109, G110, G112 of 1983, the application is struck out as against the Fifth Respondent, without prejudice to applicants to commence other appropriate proceedings against him.
  • Applicants to pay to the Fifth Respondent his taxed costs of each application, including reserved costs, if any.