In the matter of Galtari Pty Ltd (in liq) [2018] NSWSC 917

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Galtari Pty Ltd (in liq) [2018] NSWSC 917 Hearing dates: 29 May 2018 Decision date: 19 June 2018 Before: Gleeson JA Decision: (1) Dismiss Mr Randell's amended interlocutory process filed 29 May 2018 and Mr Smith's interlocutory process filed 5 February 2018.

(2) Direct the plaintiffs to serve a draft amended statement of claim within 14 days.

(3) Direct Mr Randell and Mr Smith to inform the plaintiffs whether they consent to the proposed amended pleading within a further 7 days and if not, to indicate within that period the grounds and reasons for any objections to the draft amended statement of claim.

(4) Direct the parties to lodge with the Associate to Gleeson JA by 10 July 2018 draft short minutes of order in the event of agreement in relation to the filing of the amended statement of claim. In the absence of consent to the proposed amended statement of claim, stand over the applications before the Corporations List Judge on 17 July 2018 at 10 am.

(5) The plaintiffs pay the costs of Mr Randell's amended interlocutory application filed 29 May 2018.

(6) The plaintiffs pay the costs of Mr Smith's interlocutory application filed 5 February 2018. Catchwords: PRACTICE AND PROCEDURE – application by defendants for summary dismissal of proceedings or striking out of plaintiffs' pleadings – where defendants entered into and were subsequently discharged from personal insolvency agreements under Pt X of the Bankruptcy Act 1966 (Cth) – whether defendants released from all provable debts under s 82 of the Bankruptcy Act – s 230 of the Bankruptcy Act – where the fraud exception to the release from provable debts pleaded by the plaintiffs by way of reply – meaning of fraud in s 153 (2)(b) of the Bankruptcy Act – whether fraud sufficiently pleaded and particularised in plaintiffs' reply – whether accessorial liability claims sufficiently pleaded and particularised – whether leave to replead should be granted