Sharif v Vitruvian Investments Pty Ltd [2023] FCA 426

Federal Court of Australia

Sharif v Vitruvian Investments Pty Ltd [2023] FCA 426 File number: WAD 127 of 2022

Judgment of: COLVIN J

Date of judgment: 4 May 2023

Legislation: Corporations Act 2001 (Cth) ss 233, 1322

Division: General Division

Registry: Western Australia

National Practice Area: Intellectual Property

Sub-area: Patents and associated Statutes

Number of paragraphs: 15

Date of hearing: 4 May 2023

Counsel for the Plaintiff: Mr JS Slack-Smith

Solicitor for the Plaintiff: Hall & Wilcox

Counsel for the Defendants: Mr ML Bennett

Solicitor for the Defendants: Bennett

ORDERS WAD 127 of 2022

BETWEEN: AHMAD WALID OBAID SHARIF Plaintiff

AND: VITRUVIAN INVESTMENTS PTY LTD (ACN 630 548 846) First Defendant

JONATHAN CHARLES GREGORY Second Defendant

J & S GREGORY PTY LTD (ACN 163 712 598) Third Defendant VFORMTRAIN PTY LTD (ACN 641 497 323) Fourth Defendant

order made by: COLVIN J DATE OF ORDER: 4 MAY 2023

THE COURT ORDERS THAT:

1. The plaintiff have leave to amend his statement of claim in the terms expressed in the proposed minute of the amended statement of claim filed with the interlocutory application dated 20 April 2023 and to delete the patent claim in those proceedings. 2. The plaintiff file and serve an amended statement of claim on or before 8 May 2023. 3. The plaintiff have leave to amend his reply in accordance with the minute of proposed amended reply filed with the interlocutory application dated 20 April 2023. 4. The plaintiff has leave nunc pro tunc to file the supplementary witness statement of Ahmad Walid Obaid Sharif dated 14 April 2023. Subject to objections, that supplementary witness statement shall stand as part of the evidence in chief of that witness. 5. On or before 11 May 2023, the plaintiff do provide particulars of the financial resources that he says would have been available to him (and when) in order to subscribe for shares in Vitruvian Investments Pty Ltd or participate in a capital raising by that company (Particulars). 6. On or before 11 May 2023, the plaintiff do provide disclosure of the documents that it will rely upon to support the matters relied upon in the Particulars and any documents which are materially inconsistent with those Particulars. 7. On or before 11 May 2023, the defendant do file an amended defence. 8. On or before 16 May 2023, the plaintiff do file any further amended reply consequent upon the amended defence. 9. The plaintiff pay the defendant's costs thrown away by reason of the amendments to the statement of claim. 10. The plaintiff pay the defendant's costs of the interlocutory application dated 20 April 2023. 11. There be liberty to the defendant to apply to vary the costs order to provide that the costs be paid forthwith. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.