Menzies v Paccar Financial Pty Ltd [2011] NSWSC 1488

Supreme Court New South Wales

Medium Neutral Citation: Menzies v Paccar Financial Pty Ltd [2011] NSWSC 1488 Hearing dates: 30 November 2011 Decision date: 09 December 2011 Jurisdiction: Common Law Before: Davies J Decision: 1. Leave to the Plaintiffs to amend the Statement of Claim in the form annexed to the affidavit of Trevor Hall sworn 18 October 2011 omitting paragraph 12. 2. The Plaintiffs are to pay the Defendant's costs thrown away by reason of the amendments. 3. The Plaintiffs are to pay the Defendant's costs of the Motion. Catchwords: TORTS - malicious prosecution - elements of the tort - company as prosecutor - company obtains sequestration order - pleading - necessity to identify servants or agents of the corporation with malicious intent - pleading struck out. Cases Cited: A v State of New South Wales [2007] HCA 10; (2007) 230 CLR 500 Brambles Holdings Ltd v Carey (1976) 15 SASR 270 Brown v Hawkes [1891] 2 QB 718 Herniman v Smith [1938] AC 305 Johnston v Australia and New Zealand Banking Group Ltd; Johnston v Richardson [2003] NSWSC 454 Krakowski v Eurolynx Properties Limited (1995) 183 CLR 563 Category: Interlocutory applications Parties: Ian David Menzies (First Plaintiff) Colleen Anne Menzies (Second Plaintiff) Paccar Financial Pty Ltd (Defendant) Representation: W Washington (Plaintiff) D W Rayment (Defendant) Hall Partners (Plaintiff) Hopkins Lawyers (Defendant) File Number(s): 2011/176144