Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v Cassimatis (No 2) [2013] FCA 1008 Citation: Australian Securities and Investments Commission v Cassimatis (No 2) [2013] FCA 1008
Parties: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v EMMANUEL GEORGE CASSIMATIS and JULIE GLADYS CASSIMATIS
File number: QUD 574 of 2010
Judge: REEVES J
Date of judgment: 4 October 2013
Catchwords: PRACTICE AND PROCEDURE – application to strike out statement of claim under r 16.21 of the Federal Court Rules 2011 – five head categories of challenge comprising hundreds of paragraphs of the statement of claim – where application only partly successful – whether whole statement of claim should be struck out – whether applicant should have leave to amend – consideration of the need to take a robust approach to pleadings disputes where determination of the application wastes time and resources disproportionate to its benefit CORPORATIONS – where applicant pleads that directors contravened s 180(1) by exposing company to risk of adverse legal consequences – where adverse legal consequences as pleaded include the risk of investors initiating civil proceedings under s 953B of the Corporations Act 2001 (Cth) following breaches of s 945A(1) – where applicant has not pleaded that the investors suffered loss or that loss was caused by the breach –whether paragraph should be struck out
Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011
Cases cited: Aon Risk Services v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Australian Securities and Investments Commission v Cassimatises (2013) 94 ACSR 623; [2013] FCA 641 Australian Securities and Investments Commission v Hellicar (2012) 286 ALR 501; [2012] HCA 17 Barclay Mowlem Construction Ltd v Dampier Port Authority (2006) 33 WAR 82; [2006] WASC 281 Lion-Dairy & Drinks Pty Limited v Sinclair Knight Merz Pty Limited [2013] FCA 869 Wardley Australia Ltd v Western Australia (1992) 175 CLR 514
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