Octaviar Administration Pty Ltd (in liquidation) v Craig and Ors; Octaviar Ltd (receivers and managers appointed) (in liquidation) v Craig and Ors [2013] NSWSC 1116

Supreme Court New South Wales

Medium Neutral Citation: Octaviar Administration Pty Ltd (in liquidation) v Craig and Ors; Octaviar Ltd (receivers and managers appointed) (in liquidation) v Craig and Ors [2013] NSWSC 1116 Hearing dates: 13 August 2013 Decision date: 15 August 2013 Before: Adamson J Decision: (1) In proceedings 292506 of 2012, grant leave to Octaviar Administration Pty Limited (in liquidation) to file and serve a Further Amended Statement of Claim in the form of the document MFI1; (2) In proceedings 292490 of 2012, grant leave to Octaviar Limited (receivers and managers appointed) (in liquidation) to file and serve a Further Amended Statement of Claim in the form of the document MFI1. (3) Unless an application is made by either party for a different costs order within seven days: (a) The plaintiffs are, subject to (b), to pay the defendants' costs of the amendment, including costs thrown away. (b) The costs of the hearing of the motion are to be costs in the cause. Catchwords: PRACTICE AND PROCEDURE- application for leave to amend pleadings- pleadings to be read as a whole- causal nexus adequately pleaded Legislation Cited: - Corporations Act 2001 (Cth), s 307C(3), s 324CA, s 324CB, s 324CD, s 324CE - Trade Practices Act 1974 (Cth) - Fair Trading Act 1987 (NSW) - Fair Trading Act 1989 (Qld) - Fair Trading Act 1999 (Vic) Cases Cited: - Aon Risk Services Ltd v Australian National University [2009] HCA 27; 239 CLR 175 - Commonwealth v Verwayen [1990] HCA 39; 170 CLR 394 - March v E & MH Stramare Pty Ltd [1991] HCA 12; 171 CLR 506 - Metropolitan Gas Co. v Federated Gas Employees' Industrial Union [1925] HCA 5; 35 CLR 449 - Wardley Australia Ltd v State of Western Australia [1992] HCA 55; 175 CLR 514 Category: Interlocutory applications Parties: 2012/292506 Octaviar Administration Pty Ltd (in liquidation) (Plaintiff) Mitchell Munro Craig and others (Defendant) 2012/292490 Octaviar Ltd (receivers and managers appointed) (in liquidation) (Plaintiff) Mitchell Munro Craig and others (Defendant) Representation: Counsel: AG Bell SC and SW Aspinall (Plaintiffs) JRJ Lockhart SC and JA Arnott (Defendants) Solicitors: Henry Davis York (Plaintiffs) Allens Linklaters (Defendants) File Number(s): 2012/292490; 2012/292506 Publication restriction: Nil