Traderight (NSW) Pty Ltd (ACN 108 880 968) & Ors v Bank Of Queensland Limited (ACN 009 656 740) (No 9) and 15 related matters [2012] NSWSC 154

Traderight (NSW) Pty Ltd (ACN 108 880 968) & Ors v Bank Of Queensland Limited (ACN 009 656 740) (No 9) and 15 related matters [2012] NSWSC 154

Leave to amend statements of claim granted only in respect of amendments alleging pre-opening and post-opening non-disclosures, and certain ancillary amendments, as these do not require large new factual enquiries and are properly particularised. Amendments alleging additional representation as to bank's beliefs or negligent conduct by silence not permitted because they add complexity without utility or are insufficiently particularised.

Jurisdiction
Australia
Judgment Date
01 March 2012
Procedural Posture
Civil / Application for Leave to Amend Statements of Claim; Procedural Ruling
Outcome
Application to amend statements of claim partly granted; leave given for certain amendments and refused for others.
Legal Topics
['amendment of Pleadings' 'misleading and Deceptive Conduct' 'unconscionable Conduct' 'duty to Disclose' 'consumer Protection']
['civil Procedure' 'trade and Commerce'] ['amendment of Pleadings' 'misleading and Deceptive Conduct' 'unconscionable Conduct' 'duty to Disclose' 'consumer Protection']

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Procedural Posture

Civil / Application for Leave to Amend Statements of Claim; Procedural Ruling

Legal Issues

  1. 1 ['Whether plaintiffs should be permitted to amend statements of claim to allege additional representations' 'Whether allegations of opinion versus future representation are sufficient' 'Whether non-disclosure by the defendant amounts to misleading and deceptive conduct or unconscionable conduct' 'Whether particulars provided are sufficient' 'Whether pleading of negligent conduct by silence is properly particularised']

Ratio Decidendi

Leave to amend statements of claim granted only in respect of amendments alleging pre-opening and post-opening non-disclosures, and certain ancillary amendments, as these do not require large new factual enquiries and are properly particularised. Amendments alleging additional representation as to bank's beliefs or negligent conduct by silence not permitted because they add complexity without utility or are insufficiently particularised.

Court Disposition

Application to amend statements of claim partly granted; leave given for certain amendments and refused for others.

Orders

  • ['Leave to file amended statements of claim including amendments to paragraphs 139A - 139J, 149B - 149J, 156 and 156A of the 2FASC.' 'Short minutes of order to be brought in to give effect to this order.']