S & V Nominees Pty Ltd (in liquidation) v Rabobank Australia Limited (Formerly known as Primary Industry Bank of Australia Limited) (No 2) [2011] FCA 1039

S & V Nominees Pty Ltd (in liquidation) v Rabobank Australia Limited (Formerly known as Primary Industry Bank of Australia Limited) (No 2) [2011] FCA 1039

Leave to amend the statement of claim to include declarations of breach of sections 427 and 432 of the Corporations Act was refused as the plaintiffs had no real interest in determination and there was no practical purpose for granting such declarations since the statutory obligations had already been complied with.

Jurisdiction
Australia
Judgment Date
06 September 2011
Procedural Posture
Commercial Dispute / Interlocutory Application to Amend Statement of Claim
Outcome
Leave to file statement of claim incorporating declarations of breaches of Corporations Act refused
Legal Topics
['declaratory Relief' 'obligations of Controller Under Corporations Act' 'strike Out Applications']
['practice and Procedure' 'corporations'] ['declaratory Relief' 'obligations of Controller Under Corporations Act' 'strike Out Applications']

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Procedural Posture

Commercial Dispute / Interlocutory Application to Amend Statement of Claim

Legal Issues

  1. 1 ['Whether plaintiffs should be granted leave to amend the statement of claim to include a claim for declarations that the defendant breached s 427 and s 432 of the Corporations Act 2001 (Cth)' 'Whether the claim for declarations is tenable and serves a practical purpose']

Ratio Decidendi

Leave to amend the statement of claim to include declarations of breach of sections 427 and 432 of the Corporations Act was refused as the plaintiffs had no real interest in determination and there was no practical purpose for granting such declarations since the statutory obligations had already been complied with.

Court Disposition

Leave to file statement of claim incorporating declarations of breaches of Corporations Act refused

Orders

  • ['The plaintiffs have leave to file and serve a second Further Amended Statement of Claim consistent with these reasons']