Ferrier v McRae (No 2) [2015] NSWSC 1537

Supreme Court New South Wales

Medium Neutral Citation: Ferrier v McRae (No 2) [2015] NSWSC 1537 Hearing dates: 9 October 2015 Date of orders: 09 October 2015 Decision date: 09 October 2015 Jurisdiction: Common Law Before: McCallum J Decision: (1) The amended statement of claim filed 17 September 2015 is struck out. (2) The plaintiff has leave to re-plead, such leave being confined to re-pleading the claim presently appearing under the heading "Paynes Find Gold" and the further heading "The Paynes Allegations" but not extending to the claims presently appearing under the headings "The Allegations to Adam Shand" and "The Allegations to the Australian Broadcasting Corporation". (3) I direct the plaintiff to file and serve any further amended statement of claim in accordance with order 2 within fourteen days of today, failing which the proceedings will automatically be dismissed. (4) I direct the plaintiff within fourteen days of today to file and serve an affidavit sworn by him personally explaining the facts, matters and circumstances on the strength of which he contends that the ASIC record to the effect that his shares in MJF Mining Services WA Pty Limited were not beneficially owned is wrong. (5) I order the plaintiff to pay the defendant's costs of today's argument. Catchwords: INJURIOUS FALSEHOOD – pleadings – application to dismiss proceedings – where statement of claim fails to articulate a claim that would enable the defendant to meet the case – where damages claim premised on proposition that plaintiff was the sole beneficial shareholder of entity – where ASIC search records that shares were not beneficially owned – where plaintiff disputes accuracy of ASIC record Cases Cited: Ferrier v McRae [2015] NSWSC 1379 Category: Procedural and other rulings Parties: Mark James Ferrier (plaintiff) Adrian McRae (defendant) Representation: Counsel: Plaintiff in person L Barnett (defendant)