Australian Bureau Monitoring Pty Ltd v Rufford [2023] NSWSC 56

Australian Bureau Monitoring Pty Ltd v Rufford [2023] NSWSC 56

Given Mr Smith's serious ill health, financial inability to pursue the claim further, the extended bankruptcy of Mr Rufford making recovery unlikely, and Mr Rufford gaining no advantage to be protected, leave to discontinue must be granted with costs to Mr Rufford, and the cross-claim adjourned due to justice and fairness requirements.

Parties
First Plaintiff: Australian Bureau Monitoring Pty Ltd; Second Plaintiff: Suretek Global Pty Ltd; Defendant: Mr Glenn Rufford; Cross Defendant: Mr Smith
Jurisdiction
Australia
Judgment Date
08 February 2023
Procedural Posture
Procedural Ruling Related to Civil Proceedings and Cross Claim / Orders on Motions for Leave to Discontinue, Amend Defence and Adjourn Hearing
Outcome
Leave to discontinue granted, defence amendments allowed, adjournment of cross-claim granted
Legal Topics
Discontinuance of Proceedings, Cross Claims, Adjournment, Defamation, Bankruptcy
Civil Procedure Discontinuance of Proceedings Cross Claims Adjournment Defamation Bankruptcy

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Parties

Australian Bureau Monitoring Pty Ltd

First Plaintiff

Suretek Global Pty Ltd

Second Plaintiff

Mr Glenn Rufford

Defendant

Mr Smith

Cross Defendant

Procedural Posture

Procedural Ruling Related to Civil Proceedings and Cross Claim / Orders on Motions for Leave to Discontinue, Amend Defence and Adjourn Hearing

Legal Issues

  1. 1 Whether leave to discontinue proceedings against Mr Rufford should be granted
  2. 2 Whether leave to amend defence to the cross-claim should be granted
  3. 3 Whether the hearing of the cross-claim should be adjourned

Ratio Decidendi

Given Mr Smith's serious ill health, financial inability to pursue the claim further, the extended bankruptcy of Mr Rufford making recovery unlikely, and Mr Rufford gaining no advantage to be protected, leave to discontinue must be granted with costs to Mr Rufford, and the cross-claim adjourned due to justice and fairness requirements.

Court Disposition

Leave to discontinue granted, defence amendments allowed, adjournment of cross-claim granted

Orders

  • Mr Smith has leave to amend his defence of the cross-claim.
  • The companies are given leave to withdraw the proceedings which they brought against Mr Rufford.