Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Addenbrooke Pty Ltd v Duncan (No 2) [2013] FCA 820 Citation: Addenbrooke Pty Ltd v Duncan (No 2) [2013] FCA 820
Parties: ADDENBROOKE PTY LIMITED ACN 055 973 576 v TRAVERS WILLIAM DUNCAN, PETER GRAY, SOUTHERN CROSS EQUITIES PTY LTD ACN 071 935 441, ARTHUR PHILLIP PTY LTD ACN 100 908 101, ARTHUR PHILLIP NOMINEES PTY LTD ACN 111 862 358, CASCADE COAL PTY LTD ACN 119 180 620, RICHARD JONATHAN POOLE, JOHN VERN MCGUIGAN, JOHN CHARLES ATKINSON, JOHN ALAN KINGHORN, COAL AND MINERALS GROUP PTY LTD ACN 144 641 092 and AMANDA POOLE
File number: NSD 2243 of 2012
Judge: JACOBSON J
Date of judgment: 14 August 2013
Catchwords: PRACTICE AND PROCEDURE – pleadings – application to strike out statement of claim for failure to properly plead basis of claim in accessorial liability – principle in Yorke v Lucas – actual knowledge of the essential elements of the contravention is required CORPORATIONS LAW – misleading and deceptive conduct – accessorial liability – claim of accessorial liability against director of respondent company – requirement to plead elements of accessorial liability – requirement to plead actual knowledge of representation and knowledge of falsity of representation
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) Corporations Act 2001 (Cth) Trade Practices Act 1974 (Cth)
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