ASX Shareholder Claims

Permanently stayed as an abuse


Melbourne City Investments Pty Ltd v Treasury Wine Estates Limited; In the Matter of Treasury Wine Estates Limited.


This proceeding was one of a number of class actions issued in the Federal Court by the respondent, Melbourne City Investments Pty Ltd (MCI), for the predominant purpose of enabling MCI’s sole director and shareholder (Mr Elliott) to earn legal fees by acting as solicitor for MCI in the proceeding.


On 5 July 2016 Justice Foster ordered that:

  1. This proceeding be permanently stayed as an abuse of the process of the Court.
  2. The plaintiff pay the defendant’s costs of and incidental to the Interlocutory Application filed by the defendant in this proceeding on 31 March 2015.


1. Strike Out (28 April 2014).

2. Strike Out (23 July 2014).

2. Abuse of Process (5 July 2016).