Andrew O’Brien represented the first and second respondents, instructed by Corrs Chambers Westgarth.
Sam McCarthy (led by DB O’Sullivan KC) represented for the proposed sixth respondent, Baker & McKenzie (A Firm, instructed by Hall & Wilcox.
This case concerned interlocutory applications regarding two proceedings brought against the respondents following the enforcement of various securities over assets. In summary, the Court consolidated the two proceedings and rejected the respondents’ application to summarily dismiss or strike out the first proceeding, stating there was no contractual obligations excluding entitlement for the applicant to subrogation and the issues ultimately should be considered having regard to evidence at trial. Further, the Court granted leave for the applicant to amend to include claims under the Australian Consumer Law subject to amendments being made to the proposed pleadings. Following this, the Court granted leave to join the proposed fifth and sixth respondents to the proceedings as their presence would be necessary for the above claim.
The judgment can be read by clicking here
