Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sheahan, in the matter of Atsikbasis Nominees Pty Ltd (in Liquidation) [2013] FCA 44 Citation: Sheahan, in the matter of Atsikbasis Nominees Pty Ltd (in Liquidation) [2013] FCA 44
Parties: JOHN SHEAHAN AS LIQUIDATOR OF ATSIKBASIS NOMINEES PTY LTD (IN LIQUIDATION) ACN 007 769 557 and ATSIKBASIS NOMINEES PTY LTD (IN LIQUIDATION) ACN 007 769 557 v ATSIKBASIS NOMINEES NO 2 PTY LTD ACN 100 537 415 AS TRUSTEE OF THE ATSIKBASIS FAMILY SETTLEMENT NO 2, MANUEL ATSIKBASIS, MARIA ATSIKBASIS, FOTINA ATSIKBASIS, HELEN ATSIKBASIS-STAMATELOPOULOS, PETER ATSIKBASIS, NICHOLAS ATSIKBASIS, MANUEL ATSIKBASIS AND MARIA ATSIKBASIS IN THEIR CAPACITY AS TRUSTEES OF THE MANUEL ATSIKBASIS FAMILY SUPERANNUATION FUND, NICHOLAS ATSIKBASIS AND FOTINA ATSIKBASIS IN THEIR CAPACITY AS TRUSTEES OF THE NICHOLAS ATSIKBASIS FAMILY SUPERANNUATION FUND, MARIA ATSIKBASIS, PANAGIOTIS (PETER) ATSIKBASIS AND AIKATERINI ATSIKBASIS IN THEIR CAPACITY AS TRUSTEES OF THE PETER & KATHY ATSIKBASIS SUPERANNUATION FUND SPIROS ATSIKBASIS, MESSARIUS NOMINEES PTY LTD ACN 100 537 442 AS TRUSTEE OF THE MANUEL ATSIKBASIS FAMILY TRUST NO 2, NICHOLAS ATSIKBASIS AND FOTINA ATSIKBASIS IN THEIR CAPACITY AS TRUSTEES OF THE FOTINA ATSIKBASIS FAMILY TRUST and MACOBU NOMINEES PTY LTD ACN 100 537 460 AS TRUSTEE OF THE SPIROS ATSIKBASIS FAMILY TRUST NO 2
File number: SAD 131 of 2012
Judge: BESANKO J
Date of judgment: 5 February 2013
Catchwords: PRACTICE AND PROCEDURE – interlocutory application by plaintiffs for leave to further amend Statement of Claim – where defendants contend that the proposed Statement of Claim does not comply with the Federal Court Rules 2011 (Cth) –whether the allegations of fraud are adequately particularised – whether further particulars may be provided after discovery and interrogatories (Lyons v Kern Constructions (1983) 47 ALR 114; 70 FLR 135) – whether the particulars are sufficient to give the defendants fair notice of the case to be made against it. Held: The plaintiffs' application for leave to further amend the Statement of Claim be adjourned to give the plaintiffs the opportunity to draft a Statement of Claim consistent with the reasons.
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