Mackay Sugar Co-operative Association Ltd & Ors v CSR Ltd & Anor [1995] FCA 486

Mackay Sugar Co-operative Association Ltd & Ors v CSR Ltd & Anor [1995] FCA 486

The specified paragraphs are embarrassing and require more precise identification of the alleged fiduciary duty and related trust claims. Liberty to replead is appropriate to clarify the pleading, rather than simply striking out paragraphs, to address uncertainties as to scope, periods, and nature of the duties alleged.

Parties
First Applicant: Mackay Sugar Co-operative Association Limited; Second Applicant: ED & F Man Australia Pty Ltd; Third Applicant: Mackay Refined Sugars Pty Ltd; Fourth Applicant: ED & F Man New Zealand Limited; Fifth Applicant: Mackay Refined Sugars (NZ) Limited; First Respondent: CSR Limited; Second Respondent: New Zealand Sugar Company Limited
Jurisdiction
Australia
Judgment Date
07 July 1995
Procedural Posture
Commercial (federal Court General Division) / Interlocutory Application (motion to Strike Out Parts of Statement of Claim)
Outcome
Liberty to replead granted; costs awarded to respondents for the motion.
Legal Topics
Fiduciary Duties, Contractual Obligations, Strike Out Applications, Trade Practices Act, Joint Venture Agreements, Particulars of Pleadings
Equity Commercial Law Competition and Consumer Law Fiduciary Duties Contractual Obligations Strike Out Applications Trade Practices Act Joint Venture Agreements +1 more

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Parties

Mackay Sugar Co-operative Association Limited

First Applicant

ED & F Man Australia Pty Ltd

Second Applicant

Mackay Refined Sugars Pty Ltd

Third Applicant

ED & F Man New Zealand Limited

Fourth Applicant

Mackay Refined Sugars (NZ) Limited

Fifth Applicant

CSR Limited

First Respondent

New Zealand Sugar Company Limited

Second Respondent

Procedural Posture

Commercial (federal Court General Division) / Interlocutory Application (motion to Strike Out Parts of Statement of Claim)

Legal Issues

  1. 1 Whether certain parts of the Amended Statement of Claim are embarrassing and should be struck out
  2. 2 Whether the Applicants should be required to replead to clarify allegations of fiduciary duty and trust
  3. 3 Whether the Applicants are entitled to rely on both contractual and fiduciary causes of action

Ratio Decidendi

The specified paragraphs are embarrassing and require more precise identification of the alleged fiduciary duty and related trust claims. Liberty to replead is appropriate to clarify the pleading, rather than simply striking out paragraphs, to address uncertainties as to scope, periods, and nature of the duties alleged.

Court Disposition

Liberty to replead granted; costs awarded to respondents for the motion.

Orders

  • Liberty to the applicants to replead the statement of claim within fourteen days.
  • The respondents are to have the costs of their motion.