Findlay v DSHE Holdings Limited (Receivers and Managers Appointed) (In Liquidation); Mastoris v DSHE Holdings Limited (Receivers and Managers Appointed) (In Liquidation) [2019] NSWSC 394

Supreme Court New South Wales

Medium Neutral Citation: Findlay v DSHE Holdings Limited (Receivers and Managers Appointed) (In Liquidation); Mastoris v DSHE Holdings Limited (Receivers and Managers Appointed) (In Liquidation) [2019] NSWSC 394 Hearing dates: 4 April 2019 Decision date: 11 April 2019 Jurisdiction: Equity Before: Ball J Decision: The notices of motion filed on 25 March 2019 in each of proceedings 2017/294069 and 2018/52431 be dismissed. Catchwords: CIVIL PROCEDURE – Pleadings – Striking out – whether pleadings defective – whether claim pleaded with sufficient specificity Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Hastie Group Ltd (In Liq) v Bourne [2017] NSWSC 709 Smith v Australian Executor Trustees Ltd [2017] NSWSC 1406 Category: Procedural and other rulings Parties: Haliburton Charles David Findlay (First Plaintiff | 2017/294069) Marian Jennifer Denny Findlay (Second Plaintiff | 2017/294069) Epaminodas Mastoris (First Plaintiff | 2018/52431) Lena Mastoris (Second Plaintiff | 2018/52431) DSHE Holdings Limited (Receivers & Managers Appointed)(In Liquidation) (First Defendant) Nicholas Abboud (Second Defendant) Michael Thomas Potts (Third Defendant) David White and others listed in Annexure A t/as Deloitte Touche Tohmatsu (Fourth to Four Hundred & Fifty Seventh Defendants) Representation: Counsel: C Withers with K Lindeman (Plaintiffs) P Braham SC with A Shearer (Fourth to Four Hundred & Fifty Seventh Defendants)