In the matter of Brianine Pty Ltd [2022] NSWSC 203

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Brianine Pty Ltd [2022] NSWSC 203 Hearing dates: 28 February 2022 Date of orders: 3 March 2022 Decision date: 03 March 2022 Jurisdiction: Equity - Corporations List Before: Williams J Decision: Interlocutory process dismissed. Catchwords: PLEADINGS – summary dismissal – strike out – application for summary dismissal or strike out on the grounds that plaintiffs have pleaded inconsistent allegations, one of which must be known to the plaintiffs to be false – allegations are pleaded in the alternative and involve legal and factual analysis – not a case where plaintiffs must know one of the allegations is false – application dismissed – further application to summarily dismiss or strike out oppression claim as disclosing no reasonable cause of action – application dismissed – no question of principle Legislation Cited: Corporations Act 2001 (Cth), 201H, 233, 461(1)(k), ss 1274B, 1322(4)(b) Uniform Civil Procedure Rules 2005, rr 13.4, 14.18, 14.28 Cases Cited: Casey v Australian Broadcasting Commission [1981] 1 NSWLR 305 CGU Insurance Ltd v Lawless [2008] VSCA 38 General Steel Industries v Cmr for Railways (1964) 112 CLR 125; [1964] HCA 69 Hopkins v AECOM Australia Pty Ltd (No. 7) [2016] FCA 234 In the matter of Seabay Kitchen Pty Ltd [2019] NSWSC 790 Issitch v Worrell [2000] FCA 477; (2000) 172 ALR 586 J C Decaux Pty Ltd v Adshel Street Furniture Pty Ltd [2000] FCA 118; (2000) 178 ALR 339 Otsuka Pharmaceutical Co Ltd v Generic Health Pty Ltd [2019] FCA 230 Pi v Zhou [2016] NSWCA 24 Category: Procedural rulings Parties: Giuseppe Camera (First Plaintiff) Teresa Camera (Second Plaintiff) Brianine Pty Limited (First Defendant) Property Group Pty Limited (Second Defendant) Adam Sheppherd (Third Defendant) Geoffrey Shannon (Fourth Defendant) Whiteknight Group Pty Limited (Fifth Defendant) Representation: Counsel: Mr S Golledge SC and Mr W Burton (Plaintiff) Ms BK Nolan (Second to Fifth Defendants) File Number(s): 2021/274972 Publication restriction: N/A