IVI P/L v Baycrown P/L

[2006] QCA 461

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Setting aside judgments
3. › Matters arising after order
4. › Fresh evidence
5. › Whether newly discovered facts would have entitled applicant to different order
6. › Test for setting aside on ground of fresh evidence
7. › Distinction between ordinary fresh evidence cases and cases involving misconduct by successful party
8. › Uniform Civil Procedure Rules 1999 (Qld), r 668
1. Practice and Procedure
2. › Discovery and inspection of documents
3. › Scope of disclosure obligation
4. › Whether document establishing agency relationship directly relevant to allegation in issue in pleadings
5. › Uniform Civil Procedure Rules 1999 (Qld), r 211
1. Agency
2. › Undisclosed principal
3. › Right of agent to sue in own name
4. › Whether agent for undisclosed principal required to disclose representative capacity in originating process
5. › Uniform Civil Procedure Rules 1999 (Qld), r 18
1. Contract
2. › Sale of land
3. › Specific performance
4. › Right of purchaser to direct transfer to nominee
5. › Whether purchaser under contract for sale of Torrens system land may direct conveyance to nominee

Quick Take

An agent for an undisclosed principal may sue in its own name on a contract without disclosing the agency relationship under UCPR r 18, and the authority document establishing the agency need not be disclosed under UCPR r 211 unless it is directly relevant to an allegation in issue on the pleadings. Applications under UCPR r 668 to set aside judgments on the basis of newly discovered facts are governed by the fresh evidence principles from Commonwealth Bank of Australia v Quade, and the rule is not a substitute for an appeal.