Mahommed v Unicomb [2018] NSWSC 291

Supreme Court New South Wales

Medium Neutral Citation: Mahommed v Unicomb [2018] NSWSC 291 Hearing dates: 20 November 2017 Decision date: 09 March 2018 Jurisdiction: Equity Before: Robb J Decision: The parties are to bring in short minutes of order to give effect to these reasons for judgment. Catchwords: CIVIL PROCEDURE—Pleadings—Amendment—whether leave should be granted to further amend statement of claim—whether pleadings sufficiently precise and clear

CIVIL PROCEDURE—Pleadings—Striking out—whether further amended statement of claim should be struck out—whether further amended statement of claim contains allegations of fact capable of supporting claims

EVIDENCE—Admissibility of evidence—Affidavit evidence—whether plaintiff entitled to rely upon unsworn draft affidavit

EQUITY—Trusts and trustees—Powers, duties, rights and liabilities— circumstances in which director personally liable for debts incurred by corporation as trustee Legislation Cited: Evidence Act 1995 (NSW) s 75 Corporations Act 2001 (Cth) s 197 Cases Cited: Mahommed v Unicomb [2016] NSWDC 114 Mahommed v Unicomb [2017] NSWCA 65 Hardoon v Belilios [1901] AC 118 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Intagro Projects Pty Ltd v Australia and New Zealand Banking Group Ltd [2004] NSWSC 618 Barnes v Addy (1874) LR 9 Ch App 244 Farah Constructions Pty Limited V Say-Dee Pty Limited (2007) 230 CLR 89; [2007] HCA 22 Texts Cited: Heydon, J D and Leeming, M J, Jacobs' Law of Trusts in Australia (8th ed, Lexisnexis) Category: Principal judgment Parties: Peter Mahommed (first plaintiff) Loire Consultants Pty Ltd (second plaintiff) Pamela Unicomb (first defendant) Greenhills Securities Pty Ltd (second defendant) Representation: Counsel: B Mostafa (defendants)