Benjamin Corporation Pty Ltd v Smith Martis Cork & Rajan Pty Ltd [2003] FCA 622

FEDERAL COURT OF AUSTRALIA

Benjamin Corporation Pty Ltd v Smith Martis Cork & Rajan Pty Ltd

[2003] FCA 622

PRACTICE AND PROCEDURE – motion for further and better particulars – no point of principle. Corporations Act (2001) (Cth), ss 232, 233 and 234 BENJAMIN CORPORATION PTY LTD v SMITH MARTIS CORK & RAJAN PTY LTD & ORS W3016 of 2002 CARR J 19 JUNE 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W3016 OF 2002

BETWEEN: BENJAMIN CORPORATION PTY LTD (ACN 100 278 288)

Plaintiff

AND: SMITH MARTIS CORK & RAJAN PTY LTD

(ACN 054 277 879)

First Defendant

JACK BRADLEY MANDERS as trustee for the Smith Family Trust, SHIMSHON NOMINEES PTY LTD (ACN 009 097 929) as trustee for the Patrick Cork No 2 Family Trust, PARVATHI BAI RAJAN as trustee for the Rajan Family Trust, VIRINDAR JOSEPH MARTIS as trustee for the VM Trust

Second Defendants

BRUCE RICHARD SIVALINGAM as trustee for the Sled Driver Trust, NAOMI JUDITH FLAVELL as trustee for the Flavell Family Trust and JENNIFER ANNE BURNETT as trustee for the Burnett Saliacus Family Trust

Third Defendants

JACK BRADLEY MANDERS as trustee for the Smith Family Trust, SHIMSHON NOMINEES PTY LTD (ACN 009 097 929) as trustee for the Patrick Cork No 2 Family Trust, PARVATHI BAI RAJAN as trustee for the Rajan Family Trust

Cross-Plaintiff

BENAJMIN CORPORATION PTY LTD (ACN 100 278 288)

As trustee for the Benjamin Trust

Cross-Defendants

JUDGE: CARR J

DATE OF ORDER: 19 JUNE 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The plaintiff file and serve within 21 days further and better particulars of its statement of claim in accordance with the reasons published today. 2. The costs of the motion, notice of which was filed on 26 February 2003, be costs in the cause. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.