Duus v Dalvella Pty Ltd [2007] FCA 1921

Duus v Dalvella Pty Ltd [2007] FCA 1921

The applicants have provided sufficient particulars for many paragraphs, but must provide statements specifying the precise amounts of debts claimed in the proofs of debt lodged in the bankruptcies of Mr and Mrs Waters, as requested by the respondents. The Notice of Motion for further and better particulars is adjourned, and costs are reserved.

Parties
First Applicant: Ross Andrew Duus; Second Applicant: David John Cranstoun; First Respondent: Dalvella Pty Ltd ACN 076 620 409 (in its capacity as trustee for the Cliffside Trust); Second Respondent: Donemate Pty Ltd ACN 076 620 454 (in its capacity as trustee for the Kings Beach Trust)
Jurisdiction
Australia
Judgment Date
06 December 2007
Procedural Posture
Practice and Procedure Application / Interlocutory Application for Further and Better Particulars of Statement of Claim
Outcome
Notice of Motion for further and better particulars adjourned. Applicants to provide further particulars relating to amounts of debts claimed. Costs reserved.
Legal Topics
Further and Better Particulars, Bankruptcy – Transfers to Defeat Creditors, Pleading Requirements
Bankruptcy Practice and Procedure Further and Better Particulars Bankruptcy – Transfers to Defeat Creditors Pleading Requirements

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Parties

Ross Andrew Duus

First Applicant

David John Cranstoun

Second Applicant

Dalvella Pty Ltd ACN 076 620 409 (in its capacity as trustee for the Cliffside Trust)

First Respondent

Donemate Pty Ltd ACN 076 620 454 (in its capacity as trustee for the Kings Beach Trust)

Second Respondent

Procedural Posture

Practice and Procedure Application / Interlocutory Application for Further and Better Particulars of Statement of Claim

Legal Issues

  1. 1 Whether applicants have adequately particularised the alleged scheme to defraud creditors under s 121 of the Bankruptcy Act 1966 (Cth)
  2. 2 Whether the respondents are entitled to further and better particulars of the statement of claim, especially regarding intent, creditors, amounts, and market value
  3. 3 Whether the circumstances pleaded support an inference that the respondents did not act in good faith

Ratio Decidendi

The applicants have provided sufficient particulars for many paragraphs, but must provide statements specifying the precise amounts of debts claimed in the proofs of debt lodged in the bankruptcies of Mr and Mrs Waters, as requested by the respondents. The Notice of Motion for further and better particulars is adjourned, and costs are reserved.

Court Disposition

Notice of Motion for further and better particulars adjourned. Applicants to provide further particulars relating to amounts of debts claimed. Costs reserved.

Orders

  • The Notice of Motion filed by the applicants on 12 April 2007 is adjourned.
  • The applicants provide further particulars to the respondents of para 23 of the Statement of Claim by providing the respondents with a statement of the amount of the debt claimed by Messrs Jefferson and Stevenson as liquidators of Freedom Homes (Qld) Pty Ltd and the amount claimed by the Building Services Authority...