Lucky v Ives (No 2) [2024] FCA 970

Lucky v Ives (No 2) [2024] FCA 970

Mr Lucky, having full knowledge of the matters arising in the Marketlend Proceeding, is in the best position to give instructions on behalf of the company, and it is therefore appropriate that leave be granted for him, rather than Mr Ives, to instruct the company's solicitor. Each party is to bear its own costs in this interlocutory application except for those relating to paragraph 6, to be determined at a later hearing.

Jurisdiction
Australia
Judgment Date
22 August 2024
Procedural Posture
Corporations Application/interlocutory Motion / Interlocutory Orders Varying Previous Orders
Outcome
Application granted in part; prior orders varied; costs reserved in part; otherwise dismissed.
Legal Topics
['leave to Defend on Behalf of Company' 'appointment of Company Solicitor' 'cost Orders' 'instructions to Counsel']
['corporations Law'] ['leave to Defend on Behalf of Company' 'appointment of Company Solicitor' 'cost Orders' 'instructions to Counsel']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Corporations Application/interlocutory Motion / Interlocutory Orders Varying Previous Orders

Legal Issues

  1. 1 ['Whether the solicitor acting for the company should be substituted' "Who should be granted leave to provide instructions to the company's solicitor" 'Whether the order for costs should be varied']

Ratio Decidendi

Mr Lucky, having full knowledge of the matters arising in the Marketlend Proceeding, is in the best position to give instructions on behalf of the company, and it is therefore appropriate that leave be granted for him, rather than Mr Ives, to instruct the company's solicitor. Each party is to bear its own costs in this interlocutory application except for those relating to paragraph 6, to be determined at a later hearing.

Court Disposition

Application granted in part; prior orders varied; costs reserved in part; otherwise dismissed.

Orders

  • ['Order 2 of 8 December 2023 varied to grant leave to plaintiff to appoint and instruct Samantha Peterson of McLachlan Thorpe Partners for the company in both proceedings.' 'Company to pay reasonable costs and expenses, with $60,000 to be paid into trust account for anticipated costs.' 'Suppression order made under...