Walker v Newmont Australia Ltd (No 2) [2010] FCA 414

Walker v Newmont Australia Ltd (No 2) [2010] FCA 414

Given the nature of the issues concerning the proposed bare declaration and the misleading and deceptive conduct pleading, and the potential outcome of the applications, the Court considered that both issues should be addressed promptly and that the parties should have a further opportunity to deal with both issues because they appeared, at least in part, to be interrelated.

Jurisdiction
Australia
Judgment Date
28 April 2010
Procedural Posture
Application for Leave to Amend an Application in a Corporations Act Proceeding / Interlocutory Directions for Further Submissions and Further Hearing
Outcome
Directions made for further submissions and the matter listed for further hearing; leave to amend was not determined.
Legal Topics
['leave to Amend' 'declaratory Relief' 'alleged Breach of S 671 B of the Corporations Act 2001 (cth)' 'misleading and Deceptive Conduct' 'case Management']
['corporations Law' 'civil Procedure'] ['leave to Amend' 'declaratory Relief' 'alleged Breach of S 671 B of the Corporations Act 2001 (cth)' 'misleading and Deceptive Conduct' 'case Management']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Application for Leave to Amend an Application in a Corporations Act Proceeding / Interlocutory Directions for Further Submissions and Further Hearing

Legal Issues

  1. 1 ['Whether the Applicants should be granted leave to amend their application to seek a declaration pursuant to s 1325A of the Corporations Act 2001 (Cth) that the Second to Fourteenth Respondents breached s 671B of the Corporations Act 2001 (Cth).' 'Whether the proposed amendment would result in a bare declaration of criminal conduct contrary to authority.' "Whether the Applicants' misleading and deceptive conduct claim under s 1014H of the Corporations Act 2001 (Cth) and s 12DA of the Australian Securities and Investments Commission Act 2001 (Cth) was sufficiently pleaded."]

Ratio Decidendi

Given the nature of the issues concerning the proposed bare declaration and the misleading and deceptive conduct pleading, and the potential outcome of the applications, the Court considered that both issues should be addressed promptly and that the parties should have a further opportunity to deal with both issues because they appeared, at least in part, to be interrelated.

Court Disposition

Directions made for further submissions and the matter listed for further hearing; leave to amend was not determined.

Orders

  • ["By 5:00pm on 28 April 2010, the Second to Fourteenth Respondents file and serve any further submissions in relation to: (a) the Applicants' proposed amended application; and (b) the Applicants' misleading and deceptive conduct claim under s 1014H of the Corporations Act 2001 (Cth) and s 12DA of the Australian...