Showtime Touring Group Pty Ltd v Mosley Touring Inc [2013] NSWCA 53

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Showtime Touring Group Pty Ltd v Mosley Touring Inc [2013] NSWCA 53 Hearing dates: 28 September 2012 Decision date: 15 March 2013 Before: Bathurst CJ at [1]; McColl JA at [33]; Bergin CJ in Eq at [34] Decision: (1) Grant the applicant leave to appeal. (2) Direct the applicant/appellant to file a Notice of Appeal in terms of the Draft Notice of Appeal dated 12 December 2011 within 7 days of the date hereof. (3) Vary Order 1 of the orders made by the primary judge on 28 November 2011 by deleting subpars (b) and (c) thereof. (4) Make the following order as Order 1A: "Paragraphs [49]-[52] of the Amended Statement of Claim filed on 29 March 2011 be struck out but leave be granted to the applicant/appellant to file an amended claim against the second defendant." (5) Appeal otherwise dismissed. (6) Order the applicant/appellant pay the respondents' costs of the application for leave to appeal and the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROCEDURE - pleadings - defective pleadings - claim for accessorial liability under s 75B of the Trade Practices Act 1974 (Cth) - whether pleaded facts demonstrated that the alleged accessory participated in the misleading or deceptive conduct pleaded.