Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
KTC v David (Summary Dismissal) [2020] FCA 1012 File number: NSD 555 of 2019
Judge: PERRAM J
Date of judgment: 17 July 2020
Catchwords: PRACTICE AND PROCEDURE – application for leave to file and serve further amended statement of claim – where proposed pleading is third attempt against Fourth and Fifth Defendants – where allegations made that Fourth and Fifth Defendants liable under second limb of Barnes v Addy (1874) LR 9 Ch App 244 – whether pleadings sufficiently allege dishonest and fraudulent designs – whether pleadings sufficiently allege knowledge of Fourth and Fifth Defendants – where Fourth and Fifth Defendants challenge pleading of underlying fiduciary duties – where Fourth and Fifth Defendants oppose granting leave to replead
Legislation: Federal Court Rules 2011 (Cth) r 16.02(1)(d)
Cases cited: KTC v David (Pleadings) [2019] FCA 1566 KTC v Singh [2018] NSWSC 1510
Date of hearing: 20 December 2019
Date of last submissions: 12 February 2020 (Plaintiff)
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 43
Counsel for the Plaintiff: Mr P Collinson QC with Ms M Loughnan QC
Solicitor for the Plaintiff: HWL Ebsworth Lawyers
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