Compumod Investments Pty Limited as trustee for the Compumod Pty Limited Staff Superannuation Fund v A.C.N. 603 323 182 Limited [2021] FCA 915

FEDERAL COURT OF AUSTRALIA

Compumod Investments Pty Limited as trustee for the Compumod Pty Limited Staff Superannuation Fund v A.C.N. 603 323 182 Limited [2021] FCA 915 File number: NSD 917 of 2020

Judgment of: MARKOVIC J

Date of judgment: 9 August 2021

Catchwords: PRACTICE AND PROCEDURE – application by applicant for leave to amend originating application and statement of claim – where amendment to originating application sought to correct identity of party to the proceeding and to correct typographical error – where proposed amendments to statement of claim allege involvement of second respondent in first respondent's contraventions of Corporations Act 2001 (Cth) – where proposed amendments do not plead actual knowledge by second respondent of essential facts constituting the contraventions – application dismissed PRACTICE AND PROCEDURE – application by respondent for strike out of pleading – where respondent relies on same grounds for strike out application as those relied upon in opposing applicant's application for leave to amend statement of claim – where leave to amend not granted – strike out application granted – whether granting leave to re-plead would be futile – where strike out application granted due to deficiency in one aspect of statement of claim as against second respondent – leave to re-plead granted

Legislation: Australian Securities and Investments Commission Act 2001 (Cth) s 12DA Corporations Act 2001 (Cth) ss 79, 445C, 445FA, 710, 711, 712, 713, 713C, 713D, 713E, 714, 715, 728, 729, 1041H Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) rr 8.21, 16.21, 16.43, 16.53