Wyse & Young International Pty Ltd trading as Wyse & Young Accounting v Corrado Sanna [2017] NSWSC 1871

Wyse & Young International Pty Ltd trading as Wyse & Young Accounting v Corrado Sanna [2017] NSWSC 1871

Leave to amend the defence and to file a cross-claim should be granted as the new matters raise an arguable case and can be accommodated without unacceptable prejudice to the plaintiffs, provided procedural safeguards are applied. The application for transfer of proceedings to the Federal Court is refused or adjourned, as the claims relating to proprietary relief cannot proceed at this point in the absence of the trustee in bankruptcy. Monetary claims against the existing defendants can proceed and are to be determined first.

Parties
First Plaintiff: Wyse & Young International Pty Ltd trading as Wyse & Young Accounting; Second Plaintiff: Defined Properties Investment Pty Ltd; Third Plaintiff: Wolgan Consulting Pty Ltd; First Defendant: Corrado Sanna; Second Defendant: DCL Construction Group Pty Ltd; Fourth Defendant: Domenic Sanna
Jurisdiction
Australia
Judgment Date
23 August 2017
Procedural Posture
Equity Corporations List / Interlocutory Applications Prior to Final Hearing
Outcome
Leave granted to amend defence and file cross-claim; transfer to Federal Court refused/adjourned; monetary claims to proceed first.
Legal Topics
Amendment of Pleadings, Cross Claim, Jurisdiction and Cross Vesting, Bankruptcy, Contracts Review, Fiduciary Duties
Equity Corporations Law Civil Procedure Amendment of Pleadings Cross Claim Jurisdiction and Cross Vesting Bankruptcy Contracts Review +1 more

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Parties

Wyse & Young International Pty Ltd trading as Wyse & Young Accounting

First Plaintiff

Defined Properties Investment Pty Ltd

Second Plaintiff

Wolgan Consulting Pty Ltd

Third Plaintiff

Corrado Sanna

First Defendant

DCL Construction Group Pty Ltd

Second Defendant

Domenic Sanna

Fourth Defendant

Procedural Posture

Equity Corporations List / Interlocutory Applications Prior to Final Hearing

Legal Issues

  1. 1 Whether leave should be granted to amend defence and file cross-claim
  2. 2 Whether proceedings should be transferred to the Federal Court under cross-vesting legislation
  3. 3 Whether monetary claims should be heard separately from proprietary claims

Ratio Decidendi

Leave to amend the defence and to file a cross-claim should be granted as the new matters raise an arguable case and can be accommodated without unacceptable prejudice to the plaintiffs, provided procedural safeguards are applied. The application for transfer of proceedings to the Federal Court is refused or adjourned, as the claims relating to proprietary relief cannot proceed at this point in the absence of the trustee in bankruptcy. Monetary claims against the existing defendants can proceed and are to be determined first.

Court Disposition

Leave granted to amend defence and file cross-claim; transfer to Federal Court refused/adjourned; monetary claims to proceed first.

Orders

  • Defendants have leave to amend their defence by filing the 'Amended Defence' subject to verification.
  • Defendants have leave to file a cross-claim in the form attached to their motion, subject to verification.