Anderson, I. & Anor v Besley, M.A. & Ors [1995] FCA 257

Anderson, I. & Anor v Besley, M.A. & Ors [1995] FCA 257

No substantive final determination of the merits was made; after the Court indicated that the adjournment should not be granted and that the respondents' motion should proceed, the parties agreed to consent orders dismissing most of the application, striking out the statement of claim, granting limited leave to amend against four individual respondents and the Bank, setting aside subpoenas, and otherwise dismissing the respondents' motion with no order as to costs.

Jurisdiction
Australia
Judgment Date
12 April 1995
Procedural Posture
Federal Court Civil Proceeding / Respondents' Notice of Motion Seeking Dismissal or Permanent Stay of the Application and Statement of Claim Filed on 10 February 1995
Outcome
Application largely dismissed by consent; statement of claim struck out; limited leave granted to file amended pleadings against four individual respondents and the second respondent; subpoenas set aside; respondents' motion otherwise dismissed with no order as to costs.
Legal Topics
['dismissal or Permanent Stay' 'abuse of Process' 'pleadings' 'adjournment' 'leave to Amend' 'subpoenas' 'costs']
['civil Procedure' 'commercial Arbitration' 'corporations' 'trade Practices'] ['dismissal or Permanent Stay' 'abuse of Process' 'pleadings' 'adjournment' 'leave to Amend' 'subpoenas' 'costs']

Case Brief

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Procedural Posture

Federal Court Civil Proceeding / Respondents' Notice of Motion Seeking Dismissal or Permanent Stay of the Application and Statement of Claim Filed on 10 February 1995

Legal Issues

  1. 1 ['Whether the application and statement of claim filed on 10 February 1995 should be dismissed or permanently stayed.' 'Whether the proceedings were brought for an improper purpose, were an abuse of process, or were misconceived as to some heads of relief.' 'Whether there should be a stay under the Commercial Arbitration Act 1984 (NSW) until at least the decision of the arbitrator was given.' 'Whether the applicants should receive a short adjournment to amend and simplify their pleadings.']

Ratio Decidendi

No substantive final determination of the merits was made; after the Court indicated that the adjournment should not be granted and that the respondents' motion should proceed, the parties agreed to consent orders dismissing most of the application, striking out the statement of claim, granting limited leave to amend against four individual respondents and the Bank, setting aside subpoenas, and otherwise dismissing the respondents' motion with no order as to costs.

Court Disposition

Application largely dismissed by consent; statement of claim struck out; limited leave granted to file amended pleadings against four individual respondents and the second respondent; subpoenas set aside; respondents' motion otherwise dismissed with no order as to costs.

Orders

  • ['The application filed on 10 February 1995 is dismissed with the exception of sub-paragraph 13(h).' 'The statement of claim filed on 10 February 1995 is struck out.' 'In relation to sub-paragraph 13(h) in the application, in so far as it includes that paragraph or sub-paragraph, the application is dismissed against...