Intagro v ANZ Banking Group [2004] NSWSC 618

Intagro v ANZ Banking Group [2004] NSWSC 618

Leave to amend the cross-claim was granted because the claim against Mr and Mrs Robinson under s197(1) was fairly arguable and not obviously futile. The court was not convinced that the majority view in Hanel v O'Neill was plainly wrong, thus followed it, notwithstanding reservations on its reasoning.

Jurisdiction
Australia
Judgment Date
29 July 2004
Procedural Posture
Equity/commercial / Application for Leave to Amend Cross Claim
Outcome
Leave to amend cross-claim granted (limited to amendment annexed to notice of motion, not the further draft)
Legal Topics
['amendment of Pleadings' 'director Liability Under Section 197' 'trustee Indemnity' 'statutory Interpretation']
['corporations Law' 'practice and Procedure'] ['amendment of Pleadings' 'director Liability Under Section 197' 'trustee Indemnity' 'statutory Interpretation']

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Procedural Posture

Equity/commercial / Application for Leave to Amend Cross Claim

Legal Issues

  1. 1 ['Whether leave to amend the cross-claim should be granted' 'Whether the amendment raises a claim that is obviously futile or premature' 'Proper construction of section 197(1) Corporations Act 2001 (Cth)' "Whether the majority view in Hanel v O'Neill is plainly wrong"]

Ratio Decidendi

Leave to amend the cross-claim was granted because the claim against Mr and Mrs Robinson under s197(1) was fairly arguable and not obviously futile. The court was not convinced that the majority view in Hanel v O'Neill was plainly wrong, thus followed it, notwithstanding reservations on its reasoning.

Court Disposition

Leave to amend cross-claim granted (limited to amendment annexed to notice of motion, not the further draft)

Orders

  • ['Make order 1 as sought by defendant/cross-claimant in its notice of motion filed 22 April 2004.' 'The amended cross-claim to be filed and served within 7 days.' 'Parties to be heard on costs.']