Sherwood v Commonwealth Bank of Australia (No 3) [2012] FCA 1149

FEDERAL COURT OF AUSTRALIA

Sherwood v Commonwealth Bank of Australia (No 3) [2012] FCA 1149 Citation: Sherwood v Commonwealth Bank of Australia (No 3) [2012] FCA 1149

Parties: LESLIE JAMES SHERWOOD, JULIANNE SHERWOOD, SEAN PATRICK JUDE MCARDLE and PAULA JOANNE MCARDLE v COMMONWEALTH BANK OF AUSTRALIA ABN 48 123 123 124 and COLONIAL FIRST STATE INVESTMENTS LTD ABN 98 002 348 352

File number: NSD 811 of 2010

Judge: REEVES J

Date of reasons: 22 October 2012

Date of order: 22 October 2012

Catchwords: PRACTICE AND PROCEDURE – pleadings – leave to further amend statement of claim – whether proposed amendments gave rise to Aon considerations – where application to amend filed late and revised twice – whether proposed amendments were pleaded completely, concisely and fully particularised – unconscionable conduct – where allegations general and insufficiently particularised – leave not granted PRACTICE AND PROCEDURE – pleadings – leave to further amend statement of claim – whether proposed amendments gave rise to Aon considerations – where application to amend filed late and revised twice – whether proposed amendments were pleaded completely, concisely and fully particularised – misleading or deceptive conduct – where allegation of fraud pleaded but not properly particularised – whether proposed amendments clearly identified conduct relied on – where unclear whether silence or non-disclosure was allegedly misleading or deceptive conduct itself or an element of conduct that was misleading or deceptive – whether necessary material facts pleaded – leave not granted

Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011