Cash Resources Australia P/L v Muir & Anor [2002] QSC 7

<4-6>6 lO State Reporting Bureau l>ooaT]&sc col Queensland Government Department of justice and Attorney-General Transcript of Proceedings Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau. REVISED COPIES ISSUED State Reporting Bureau Date j I ill ___ SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION MUIR J No 7824 of 2000 CASH RESOURCES AUSTRALIA PTY LTD (ACN 004 792 330) and ROBERT SCOTT MUIR and CARMEL MARGARET MUIR (By Original Action) Plaintiff Defendant ROBERT SCOTT MUIR and CASH RESOURCES AUSTRALIA PTY LTD (ACN 004 792 330) and RUDOLF RICHARD HOPFNER and PAULA LUNDBERG and CHRIS WLODARCZYK & CO Plaintiff First Defendant Second Defendant Third Defendant Fourth Defendant Floor, The Law Courts, George Street, Brisbane, Q. 4000 1 Telephone: (07) 3247 4360 Fax: (07) 3247 5532 -- 1 of 4 -- and JOE THAM and HOPGOOD AND GANIM BRISBANE ..DATE 07/01/2002 ORDER 07012002 T2-3/FLC4 M/T 1/2001 (Muir J) 1 Fifth Defendant Sixth Defendant 10 2 30 4 50 60 2 -- 2 of 4 -- 1 HIS HONOUR: In respect of the application by the fifth and sixth defendants by counterclaim I excuse non-compliance with the rules in respect of the filing and service of the application before me and affidavits in support. I similarly excuse any non-compliance with the rules which may exist in respect of filing and serving of material on the other applications. I do so because it seems to me by now to be abundantly apparent that the defendants Robert Scott Muir and Carmel Margaret Muir do not wish to prosecute their defence or counterclaims in the action. Mr Earl of the solicitors who formerly acted for Mrs Muir appeared this morning and informed the Court of.having spoken to both Mr and Mrs Muir this morning and of having been informed that they did not intend to appear on the hearing of those applications. I should say their conduct as deposed to in the affidavit material also makes plain the accuracy of my observations. 07012002 T2-3/FLC4 M/T 1/2001 (Muir J) HIS HONOUR: I am satisfied that the defence ought be struck out and that judgment should be given for the defendant. The background to this matter is set out in the plaintiff's and defendants by counterclaim respective outlines of submissions. Those outlines have been made exhibits. I accept the accuracy of the facts there asserted. The respondent defendants have failed to comply with orders of the court. They are not prosecuting their 10 20 30 40 50 60 3 ORDER -- 3 of 4 -- claims. If the defences and counterclaims are not struck out the applicants will be put to the unnecessary expense of preparing for a trial which will not be prosecuted by the defendants. I order in terms of the draft initialled 10 by me. HIS HONOUR: I dismiss the counterclaims by Robert Scott Muir against the third and fourth defendants and against 2 the fifth and sixth defendants respectively. I order that the respondent Robert Scott Muir pay the costs (including reserved costs) of the applicant fifth and sixth defendants by counterclaim and of the applicant third and fourth defendants by counterclaim of and incidental to the 30 counterclaims and of the applications made by them respectively, such costs to be assessed on the standard basis . I make identical orders in respect of the counterclaims 4Q made by Carmel Margaret Muir against such applicant defendants by counterclaim on their respective applications. 1 07012002 T2-3/FLC4 M/T 1/2001 (Muir J) 50 60 4 ORDER -- 4 of 4 --