JD Thompson Personnel Pty Limited v Asgard Capital Management Limited [2011] NSWSC 811

JD Thompson Personnel Pty Limited v Asgard Capital Management Limited [2011] NSWSC 811

It is expedient in the circumstances, for the purpose of saving expense and ensuring fair representation of the interests of the former employees whose beneficial interests in the trust fund may be affected, to appoint Wayne Ford as representative defendant. The statutory criteria in UCPR r 7.6(1)(c) and the interests of justice under the Civil Procedure Act 2005 s 56 are satisfied, especially as affected persons have been notified and provided opportunities to object, with none opposing.

Parties
Plaintiff: JD Thompson Personnel Pty Limited; First Defendant: Asgard Capital Management Limited; Second Defendant: Wayne Ford
Jurisdiction
Australia
Judgment Date
29 July 2011
Procedural Posture
Equity/representative Proceedings / Interlocutory Application for Amendment and Representative Appointment
Outcome
Orders made appointing Wayne Ford as representative, granting leave to amend, giving directions for notice and case management, and standing over the proceedings for further directions.
Legal Topics
Representative Proceedings, Amendment of Pleadings, Joinder of Parties, Trusts, Unjust Enrichment, Restitution
Equity Civil Procedure Representative Proceedings Amendment of Pleadings Joinder of Parties Trusts Unjust Enrichment Restitution

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Parties

JD Thompson Personnel Pty Limited

Plaintiff

Asgard Capital Management Limited

First Defendant

Wayne Ford

Second Defendant

Procedural Posture

Equity/representative Proceedings / Interlocutory Application for Amendment and Representative Appointment

Legal Issues

  1. 1 Whether leave should be granted to amend the Statement of Claim to join Wayne Ford as second defendant
  2. 2 Whether an order should be made appointing Wayne Ford to represent the interests of certain former employees under r 7.6(1)(c) of the Uniform Civil Procedure Rules 2005

Ratio Decidendi

It is expedient in the circumstances, for the purpose of saving expense and ensuring fair representation of the interests of the former employees whose beneficial interests in the trust fund may be affected, to appoint Wayne Ford as representative defendant. The statutory criteria in UCPR r 7.6(1)(c) and the interests of justice under the Civil Procedure Act 2005 s 56 are satisfied, especially as affected persons have been notified and provided opportunities to object, with none opposing.

Court Disposition

Orders made appointing Wayne Ford as representative, granting leave to amend, giving directions for notice and case management, and standing over the proceedings for further directions.

Orders

  • Order that Wayne Ford be appointed to represent the interests of the persons identified in the schedules to the draft amended statement of claim.
  • Grant leave to the Plaintiff to file an amended statement of claim in the form annexed to its notice of motion filed 18 July 2011 and that such amended statement of claim be filed within 7 days.