Case: Rogers v Asset Loan Co Pty Ltd [2007] FCA 1371
Outcome: cited
The Respondents submitted that it was relevant also to take into account, as part of the background to their application, litigation that Mr Rogers' wife, Lynne Maree Rogers ("Mrs Rogers") had come to institute in the Court. Having regard to the events and proceedings listed in the chronology below and to an observation made by Spender J in one of those proceedings that: "It is difficult to avoid the conclusion that these proceedings in the name of Lynne Maree Rogers have been instituted, and then resurrected, because earlier proceedings brought by the applicant's husband were the subject of orders of dismissal in the light of the bankruptcy of Gregory Rogers and the decision by his trustee in bankruptcy not to pursue those proceedings" ; Rogers v Asset Loan Co Pty Ltd [2007] FCA 1371 at [9] , I agree. 16 Further detail concerning relevant events is given in the following chronology: CHRONOLOGY Date Event 2003/2004 Mr Rogers and Livingspace Holdings, borrowed monies from ALCPL. The monies were secured by, amongst other things, guarantees from Mr Rogers, Mrs Rogers and Ms Braas. 13.07.04 ALCPL, by its solicitors, issued a Letter of Demand to Mr Rogers demanding repayment of his indebtedness to it under his guarantee. 20.07.04 Mr Rogers commenced proceeding QUD136/2004 against the present First to Sixth Respondents. The parties appeared before Justice Spender on 28 July 2004, and the proceedings were adjourned to 10 August 2004. 04.08.04 Proceeding QUD136/2004 settled pursuant to the terms of a Deed of Settlement ("First Deed") executed by the parties, including the Applicant and Ms Brass. Proceeding QUD136/2004 was discontinued by Mr Rogers as provided for under the First Deed. 08.11.04 Mr Rogers commenced proceeding QUD224/2004 against the present First to Sixth Respondents, seeking substantially the same relief claimed by him in QUD136/2004. 08.12.04 Proceeding QUD224/2004 heard by Justice Spender, who declined to make interim orders in terms of those sought by Mr Rogers. His Honour made directions for the future conduct of the proceeding and set it down for hearing for 4 days commencing 23 May 2005. 20.12.04 Mr Rogers commences proceeding QUD275/2004 by way of an appeal against Justice Spender's decision on 8 December 2004 to refuse to grant the interlocutory relief sought in QUD224/2004. 23.02.05 Mr Rogers declared bankrupt on the petition of Dale &amp; Myers Timber Trade Centre Pty Ltd. 01.03.05 The solicitors for the Respondents to QUD224/2004 request Mr Rogers' trustee in bankruptcy to make an election pursuant to s 60 Bankruptcy Act 1966 (Cth) (" Bankruptcy Act "). 08.09.05 Mrs Rogers consents to judgment against her in favour of ALCPL in proceeding 1600/2005 in the New South Wales Supreme Court. By these proceedings the Second Respondent sought possession a property at 2 Wommin Lake Crescent, Fingal Head. 06.10.05 Matter QUD224/2004 was struck out by Justice Spender on the basis that the action was deemed abandoned pursuant to s 60 Bankruptcy Act 1966 . 26.10.05 Matter QUD275/2004 was struck out by Justice Spender on the basis that the appeal was nugatory. 30.11.05 Mrs Rogers commenced proceeding QUD525/2005 against the First to Sixth Respondents, relying on virtually identical facts, matters and circumstances alleged by Mr Rogers in QUD136/2004 and QUD224/2004. 05.12.05 Mr Rogers applied to reinstate QUD224/2004. Justice Spender declined to reinstate the proceedings. 07.04.06 Mr Rogers commenced proceedings QUD130/2006, relying on virtually identical facts, matters and circumstances as those previously alleged by Mrs Rogers and him in previous matters in the Federal Court. 20.04.06 Justice Greenwood dismissed the application for interlocutory relief and reserved costs in proceeding QUD130/2006: Rogers v Asset Loan Co Pty Ltd &amp; Ors [2006] FCA 434. 12.10.06 The Respondents in proceeding QUD525/2005 apply for the proceeding to be dismissed or permanently stayed. Justice Spender reserved his decision. 07.12.06 Justice Collier dismissed the balance of proceeding QUD130/2006: Rogers v Asset Loan Co Pty Ltd &amp; Ors [2006] FCA 1708. 15.12.06 Mr Rogers commenced proceeding QUD504/2006 by way of an appeal against Justice Collier's decision in QUD130/2006. 23.02.07 Matter QUD504/2006 dismissed by Justice Greenwood: Rogers v Asset Loan Co Pty Ltd &amp; Ors [2007] FCA 195. 14.06.07 Mrs Rogers commenced proceeding QUD173/2007 against the First to Seventh Respondents, seeking virtually the same relief claimed in proceeding QUD525/2005 (which as at the time remained reserved by Spender J) and relief on the same facts, matters and circumstances. 30.08.07 Justice Spender dismissed proceeding QUD525/2005, with costs. Rogers v Asset Loan Co Pty Ltd &amp; Ors [2007] FCA 1371. 01.11.07 Justice Collier dismissed proceeding QUD173/2007, with costs. Rogers v Asset Loan Co Pty Ltd &amp; Ors [2007] FCA 1660. 08.11.07 Mrs Rogers commenced proceeding QUD375/2007 against the First to Seventh Respondents in which she seeks leave to appeal against the decision of Justice Collier in QUD173/2007.