Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chaudhary v Bandicoot Group Pty Ltd [2017] FCA 517 File number: SAD 211 of 2016
Judge: BESANKO J
Date of judgment: 16 May 2017
Catchwords: PRACTICE AND PROCEDURE – consideration of an application to strike out paragraphs of the Statement of Claim – whether the allegations were reasonably or fairly arguable – where proceedings not brought on behalf of the company – whether the loss claimed is derivative loss – whether the plaintiff's loss is separate and distinct to that of the company – whether plea is so lacking in particularity that it ought to be struck out – where deficiencies are not so extreme as to warrant an order striking the plea out – where further request for particulars can be made.
Legislation: Corporations Act 2001 (Cth) ss 232, 233, 236, 237, 461
Cases cited: Fexuto Pty Ltd v Bosnjak Holdings Pty Ltd [1998] NSWSC 413 LPD Holdings (Aust) Pty Ltd v Phillips and Others (2013) 281 FLR 227 VPlus Holdings Pty Ltd v Bank of Western Australia Ltd and Others (2012) 91 ACSR 545
Date of hearing: 9 December 2016
Registry: South Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 38
Counsel for the Plaintiff: Mr M Douglas
Solicitor for the Plaintiff: PGC Legal Pty Ltd
Counsel for the Defendants: Mr N Swan
Solicitor for the Defendants: Andersons Solicitors
ORDERS SAD 211 of 2016
BETWEEN: VISHAL CHAUDHARY Plaintiff
AND: BANDICOOT GROUP PTY LTD ACN 134 424 034 First Defendant
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