In the matter of Moage Ltd (in liq) Moage Ltd (in liq) v Jagelman, Joseph Grant & Ors [1998] FCA 296

FEDERAL COURT OF AUSTRALIA PRACTICE & PROCEDURE ) FIDUCIARY DUTY OF SOLICITORS ) - strike out application - vague and uncertain allegation of state of mind and knowledge of alleged fiduciary - knowledge alleged in some solicitors within large firm without any clear allegation as to what the partner handling the matter knew - use of "and/or" to link series of alleged repositories of knowledge so as to create very numerous network of allegations - principle that a statement of claim should express precisely the foundation of the proceeding - special position of solicitor where conspiracy is alleged involving a client - fiduciary duty of solicitor - effect of limitation statute on equitable claims. WORDS AND PHRASES - "and/or" Limitations Act 1969 (NSW) ss 14, 15, 23, 55 Federal Court Rules, O 11 r 16, O 20 r 2(1) Bristol and West Building Society v Mothew [1998] Ch 1, followed John G. Stein & Co. Ltd. v O'Hanlon [1965] AC 890, referred to Cuthbert v Cumming (1855) 24 LJ Ex 198, applied Furness v Charles Tennant, Sons & Co. (1892) 8 TLR 336, referred to Millen v Grove [1945] VLR 259, referred to Looke v Parbury Henty & Co Pty Ltd [1950] VLR 94, referred to Neame v Neame's Trs. [1956] SLT 57, applied R v Ryan (1984) 55 ALR 408, referred to R v Tighe and Maher (1926) 26 SR(NSW) 94, applied Maguire v Makaronis (1997) 188 CLR 449, applied Inca Ltd v Autoscript (New Zealand) Ltd [1979] 2 NZLR 700, referred to Hamilton v Kaljo (1989) 17 NSWLR 381, referred to General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125, applied Nelson v Rye [1996] 1 WLR 1378, referred to Williams v Minister, Aboriginal Land Rights Act 1983 (1994) 35 NSWLR 497, referred to Wardley Australia Limited v The State of Western Australia (1992) 175 CLR 514, applied IN THE MATTER OF MOAGE LIMITED (IN LIQUIDATION); MOAGE LIMITED (IN LIQUIDATION) v JOSEPH GRANT JAGELMAN & ORS SG 3069 of 1995 Burchett J Sydney 1 April 1998