Mackinnon as plaintiff representative of 153 plaintiff group members v The partnership of Larter, Jones, Miraleste Pty Ltd t/as USG Partner and Johnson, t/as "STC Sports Trading Club" (No 3) [2018] NSWSC 86

Supreme Court New South Wales

Medium Neutral Citation: Mackinnon as plaintiff representative of 153 plaintiff group members v The partnership of Larter, Jones, Miraleste Pty Ltd t/as USG Partner and Johnson, t/as "STC Sports Trading Club" (No 3) [2018] NSWSC 86 Hearing dates: 6 February 2018 Decision date: 06 February 2018 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Plaintiff granted leave to file Further Amended Commercial List Statement on terms Catchwords: PRACTICE AND PROCEDURE – pleadings –amendment - amendment sought on second day of hearing Legislation Cited: Partnership Act 1892 (NSW) Cases Cited: Rose v Federal Commissioner of Taxation [1951] 84 CLR 118 Category: Procedural and other rulings Parties: Ian Henry Mackinnon as plaintiff representative of 153 plaintiff group members (Plaintiff) The partnership of Anne Patricia Larter, Alan Jones, Miraleste Pty Ltd trading as USG Partner and Leigh Johnson, trading as "STC Sports Trading Club" (First Defendant) Anne Patricia Larter (Second Defendant) Alan Jones (Third Defendant) Miraleste Pty Ltd trading as USG Partner (Fourth Defendant) Leigh Johnson (Fifth Defendant) Sports Trading Limited (Sixth Defendant) Bella Development Limited (Seventh Defendant) East Ocean Capital Limited (Eighth Defendant) Arabella Racing Pty Ltd (Ninth Defendant) Banksia Holdings (Tenth Defendant) Arabella Louise Foster (Eleventh Defendant) Peter Foster (Twelfth Defendant) Representation: Counsel: T J Dixon (Plaintiff)