Corvest 6 (Pty) Ltd v PKF (Gold Coast) Pty Ltd [2016] FCA 1458

FEDERAL COURT OF AUSTRALIA

Corvest 6 (Pty) Ltd v PKF (Gold Coast) Pty Ltd [2016] FCA 1458 File number: NSD 898 of 2016

Judge: GLEESON J

Date of judgment: 8 December 2016

Catchwords: PRACTICE AND PROCEDURE – interlocutory application to strike out portions of the statement of claim – alleged failure to disclose a reasonable cause of action – requirement for particulars related to condition of mind

Legislation: Competition and Consumer Act 2010 (Cth) Corporations Act 2001 (Cth) Federal Court Rules 2011

Cases cited: Young Investments Group Pty Ltd v Mann [2012] FCAFC 107; (2012) 293 ALR 538

Date of hearing: 21 October 2016

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 40

Counsel for the Applicants: Mr MW Young SC

Solicitor for the Applicants: Bransgroves Lawyers

Counsel for the Respondents: Ms PA Horvath

Solicitor for the Respondents: Moray & Agnew Lawyers

ORDERS NSD 898 of 2016

BETWEEN: CORVEST 6 (PTY) LIMITED First Applicant

NCF FINANCIAL SERVICES PTY LTD ACN 128 593 975 Second Applicant

AND: PKF (GOLD COAST) PTY LTD ACN 137 531 250 First Respondent

GRANT CHATHAM Second Respondent

JUDGE: GLEESON J DATE OF ORDER: 8 DECEMBER 2016

THE COURT ORDERS THAT:

1. Leave be granted to the applicants to file an amended statement of claim in terms consistent with these reasons on or before 22 December 2016, such amended statement of claim to include the best particulars the applicants are presently able to give of paras 82A to 82C of the amended statement of claim. 2. The applicants pay the respondents' costs thrown away by reason of the amendment including the costs of the application, made by amended interlocutory application dated 8 September 2016, to strike out paras 83 and 84 of the statement of claim. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.