Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hodges v Sandhurst Trustees Limited [2014] FCA 1223 Citation: Hodges v Sandhurst Trustees Limited [2014] FCA 1223
Parties: CHARLES ROBERT HODGES IN HIS CAPACITY AS TRUSTEE OF THE CHARLES HODGES SUPERANNUATION FUND v SANDHURST TRUSTEES LIMITED ACN 004 030 737
File number: NSD 453 of 2014
Judge: GLEESON J
Date of judgment: 14 November 2014
Catchwords: CORPORATIONS – application to strike out statement of claim in part – where plaintiff alleges multiple breaches of trustee's duty under s 283DA(b)(ii) of Corporations Act 2001 (Cth) – where certain alleged breaches occurred before plaintiff acquired debentures – whether causal connection between breaches and loss sufficiently pleaded – application dismissed
Legislation: Corporations Act 2001 (Cth) ss 283DA, 283BB(a), 238F(1)(a) Federal Court of Australia Act 1976 (Cth) Pt IVA Federal Court Rules 2011 (Cth) r 16.21(1)
Cases cited: Charlie Carter Pty Ltd v SDAEA (WA) (1987) 13 FCR 413 Commonwealth v Cornwall (2007) 229 CLR 519 Empire Shipping Company Inc v Owners of the Ship Shin Kobe Maru (1991) 32 FCR 78 Fubilan Catering Services Ltd v Compass Group (Australia) Pty Ltd (No 2) [2004] FCA 1034 HTW Valuers (Central Qld) Pty Ltd v Astonland Pty Ltd (2004) 217 CLR 640 Radisch v McDonald [2010] FCA 762 Sons of Gwalia Ltd (Subject to Deed of Company Arrangement) v Margaretic (2007) 231 CLR 160 State of Queensland v Pioneer Concrete (Qld) Pty Ltd [1999] FCA 499; [1999] ATPR 41-691 Sutherland Shire Council v Heyman (1985) 157 CLR 424 TPC v Pioneer Concrete (1992) 52 FCR 164
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