Deputy Commissioner of Taxation v Joseph Frangieh [2015] NSWSC 727

Supreme Court New South Wales

Medium Neutral Citation: Deputy Commissioner of Taxation v Joseph Frangieh [2015] NSWSC 727 Hearing dates: 07 May 2015 Date of orders: 12 June 2015 Decision date: 12 June 2015 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) The plaintiff is to make any request for further and better particulars of the amended defence by 26 June 2015.

(2) Leave is granted to the defendant to file and serve the cross claim that deletes paragraph 1 under the first heading "Relief claimed" and paragraph 38 by removing the relief sought against individual defendants by 19 June 2015.

(3) The plaintiff is to make any request for further and better particulars of the cross claim by 3 July 2015.

(4) The defendant is to provide his response to any request for further and better particulars of the cross claim by 17 July 2015.

(5) This matter is listed for directions at 9.00 am on 31 July 2015 before the Registrar.

(6) Costs are reserved. Catchwords: PRACTICE AND PROCEDURE – pleadings – application to file and serve a further amended statement of claim – application to file and serve a cross claim – misfeasance in public office – abuse of process – breach of duty to act in good faith – whether causes of action pleaded – whether causes of action need to be further particularised before cross claim filed Cases Cited: Ballina Shire Council v Ringland [1999] NSWSC 11 Banque Commerciale SA, En Liquidation v Akhill Holdings Ltd [1990] HCA 11; (1990) 169 CLR 279 Comin Enterprises Pty Ltd v Dayroll Pty Ltd [2007] NSWSC 1440 Dare v Pulham (1982) 148 CLR 658; (1982) 44 ALR 117 H 1976 Nominees Pty Ltd v Galli (1979) 40 FLR 242; (1979) 30 ALR 181 Maxwell-Smith v S & E Hall Pty Ltd (2014) 86 NSWLR 481; [2014] NSWCA 146 Northern Territory of Australia v Mengel [1995] HCA 65; (1995) 185 CLR 307 R v Toohey; Ex parte Northern Land Council [1981] HCA 74; (1981) 151 CLR 170 Williams v Spautz [1992] HCA 34; (1992) 174 CLR 509 Category: Procedural and other rulings Parties: Deputy Commissioner of Taxation (Plaintiff) Joe Frangieh also known as Joseph Frangieh (Defendant) Representation: Counsel: S Lloyd SC with S Foda (Plaintiff) MP van der Walt (Defendant)