Tanamerah Estates Pty Ltd v Tibra Capital Pty Ltd

[2016] NSWCA 42

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Setting aside judgments
3. › UCPR r 36.15
4. › Whether judgment given irregularly, illegally or against good faith
5. › Application to set aside Court of Appeal decision refusing leave to appeal
6. › Whether re-agitation of arguments already considered
7. › Uniform Civil Procedure Rules 2005 (NSW), r 36.15
1. Practice and Procedure
2. › Re-opening decisions
3. › Application to re-open decision dismissing application for leave to appeal
4. › Whether court misapprehended facts or law
5. › Exceptional circumstances required
6. › Finality of litigation
1. Practice and Procedure
2. › Representation of parties
3. › Corporate litigants
4. › Whether company may commence or carry on proceedings in Supreme Court by director
5. › Requirement that director also be plaintiff
6. › Whether director must have personal cause of action
7. › Uniform Civil Procedure Rules 2005 (NSW), rr 7.1, 7.2

Quick Take

Under UCPR r 7.1(3), a company may only commence and carry on proceedings in the Supreme Court by a director if the director is also a plaintiff with a personal cause of action; the person who signs the statement of claim on behalf of a company is not thereby a 'plaintiff'. A company that is not a person under a legal incapacity cannot appear through a director as 'tutor'. Extra-curial views of former judges on the meaning of rules are irrelevant to the Court's task of construction.