Gabbitass v Richard Leal Pty Ltd t-a MLD Smash Repairs and ors [2007] NSWIRComm 254

Gabbitass v Richard Leal Pty Ltd t-a MLD Smash Repairs and ors [2007] NSWIRComm 254

The discontinuance of the proceedings against the corporate first respondent did not breach s 500(2) of the Corporations Act 2001 because it brought the proceedings against the company to an end and did not advance the proceedings. The order also could not be set aside under the slip rule or inherent jurisdiction because the applicant's counsel deliberately sought discontinuance, the Court intended to grant that request, and any unintended consequence was that of the applicant or his legal representatives.

Jurisdiction
Australia
Judgment Date
12 October 2007
Procedural Posture
Application Under S 106 of the Industrial Relations Act 1996 Concerning an Alleged Unfair Contract / Interlocutory Judgment on Application to Set Aside Order of Discontinuance Against the First Respondent
Outcome
Applicant's notice of motion dismissed; costs reserved.
Legal Topics
['unfair Contract Proceedings' 'voluntary Winding Up and Civil Proceedings' 'discontinuance' 'slip Rule' 'inherent Jurisdiction']
['industrial Relations' 'corporations' 'civil Procedure'] ['unfair Contract Proceedings' 'voluntary Winding Up and Civil Proceedings' 'discontinuance' 'slip Rule' 'inherent Jurisdiction']

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Procedural Posture

Application Under S 106 of the Industrial Relations Act 1996 Concerning an Alleged Unfair Contract / Interlocutory Judgment on Application to Set Aside Order of Discontinuance Against the First Respondent

Legal Issues

  1. 1 ['Whether the order discontinuing the proceedings against the corporate first respondent breached s 500(2) of the Corporations Act 2001.' "Whether the order of discontinuance should be set aside under the slip rule or the Court's inherent jurisdiction."]

Ratio Decidendi

The discontinuance of the proceedings against the corporate first respondent did not breach s 500(2) of the Corporations Act 2001 because it brought the proceedings against the company to an end and did not advance the proceedings. The order also could not be set aside under the slip rule or inherent jurisdiction because the applicant's counsel deliberately sought discontinuance, the Court intended to grant that request, and any unintended consequence was that of the applicant or his legal representatives.

Court Disposition

Applicant's notice of motion dismissed; costs reserved.

Orders

  • ["The applicant's notice of motion is dismissed." 'Costs reserved.']