Peter Davis & Ors v Halliday Financial Management Pty Limited & Ors [2014] NSWSC 1371

Supreme Court New South Wales

Medium Neutral Citation: Peter Davis & Ors v Halliday Financial Management Pty Limited & Ors [2014] NSWSC 1371 Hearing dates: 3 October 2014 Decision date: 03 October 2014 Jurisdiction: Equity Division Before: Kunc J Decision: Statement of claim struck out in part with leave to replead Catchwords: PRACTICE - Pleadings - Sufficiency - Requirement to plead material facts to support allegation of actual knowledge Legislation Cited: Australian Securities and Investments Commission Act 2001 (Cth) Civil Procedure Act 2005 (NSW) Cases Cited: Addenbrooke Pty Ltd v Duncan (No 2) [2013] FCA 820 Young Investments Group Pty Ltd v Mann & Ors [2012] FCAFC 107; (2012) 293 ALR 537 Category: Interlocutory applications Parties: Peter Davis (First Plaintiff) Marlene Davis (Second Plaintiff) Albatross Investments Pty Ltd (Third Plaintiff) Zambo Pty Ltd as trustee for The William Cook Superannuation Fund (Fourth Plaintiff) Nick Falloon and Diane Falloon as trustee for the Falloon Family Trust (Fifth Plaintiff) Mann SuperCo Pty Ltd as trustee for the Mann Family Superannuation Fund (Sixth Plaintiff) Trivett Investments Pty Ltd as trustee for Classic Car Centre Superannuation Fund (Seventh Plaintiff) Halliday Financial Management Pty Limited ACN 079 962 100 (First Defendant) Michael Halliday (Second Defendant) John Hart (Third Defendant) Harvi Chugh (Fourth Defendant) Gary Loffhagen (Fifth Defendant) Paul Crowne (Sixth Defendant) Representation: Counsel: M.W. Young SC (Plaintiff) C. Bova (Third and Fourth Defendants) K.C. Morgan (Fifth and Sixth Defendants) Solicitors: Dixon Holmes Lawyers (Plaintiffs) Sparke Helmore (First, Fifth and Sixth Defendants) Watson Mangioni (Third and Fourth Defendants) File Number(s): 2014/49773 Publication restriction: No