NSW Caselaw
New South Wales Supreme Court
CITATION : Heperu Pty Ltd & Ors v Morgan Brooks Pty Ltd & Ors [2007] NSWSC 77
HEARING DATE(S) : 7 February 2007
JUDGMENT DATE : 7 February 2007
JURISDICTION : Equity Division
JUDGMENT OF : Palmer J
EX TEMPORE JUDGMENT DATE : 7 February 2007
DECISION : Leave to amend granted.
CATCHWORDS : PRACTICE AND PROCEDURE – LEAVE TO AMEND – Whether leave to amend Statement of Claim should be refused because new claims disclosed no arguable cause of action – claims for economic loss founded on negligence and misleading and deceptive conduct – duty of care alleged in novel circumstances – importance of facts in developing area of law.
Australian Securities and Investments Commission Act 2001 (Cth) – s.12DA LEGISLATION CITED : Corporations Act 2001 (Cth), s.728, s.995 Fair Trading Act 1987 (NSW) – s.42
CASES CITED : - Perre v Apand Pty Limited (1999) 198 CLR 180 - Woolcock Street Investments Pty Limited v CDG Pty Limited (2004) 216 CLR 515
Heperu Pty Ltd – First Plaintiff Kirisi Holdings Pty Ltd – Second Plaintiff Barry Samuel Landa – Third Plaintiff Drummoyne Administrative Services Pty Ltd – Fourth Plaintiff PARTIES : Morgan Brooks Pty Ltd – First Defendant/Cross Claimant Dominic Cincotta – Second Defendant/First Cross Defendant ACN 067 567 702 Pty Ltd (In liq) – Third Defendant (Dismissed) Patrice Ann Cincotta – Fourth Defendant/Third Cross Defendant Perpetual Trustees Australia Ltd – Fifth Defendant
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