Investa Properties Pty Ltd v Nankervis (No 3) [2013] FCA 1033

Investa Properties Pty Ltd v Nankervis (No 3) [2013] FCA 1033

Leave is granted for applicants to file amended pleadings because material facts have been pleaded sufficiently to allow the case to be run at trial, pleadings have been reframed and further particularised, and it is premature to deny leave based on substantive objections, as applicants do not lack reasonable prospects of success.

Jurisdiction
Australia
Judgment Date
10 October 2013
Procedural Posture
Application for Leave to Amend Pleadings / Interlocutory Application Before Trial
Outcome
Leave to amend granted; costs awarded
Legal Topics
['leave to Amend Pleadings' 'reflective Loss Rule' 'fiduciary Duties' 'contractual Incorporation of Code of Conduct']
['practice and Procedure' 'equity'] ['leave to Amend Pleadings' 'reflective Loss Rule' 'fiduciary Duties' 'contractual Incorporation of Code of Conduct']

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Procedural Posture

Application for Leave to Amend Pleadings / Interlocutory Application Before Trial

Legal Issues

  1. 1 ['Whether leave should be granted to amend the originating application and statement of claim' 'Whether the first applicant has a proper cause of action' 'Proper pleading of incorporation of code of conduct into contract' 'Proper pleading of engagement of fourth respondent as agent' 'Whether remedies sought offend the reflective loss rule']

Ratio Decidendi

Leave is granted for applicants to file amended pleadings because material facts have been pleaded sufficiently to allow the case to be run at trial, pleadings have been reframed and further particularised, and it is premature to deny leave based on substantive objections, as applicants do not lack reasonable prospects of success.

Court Disposition

Leave to amend granted; costs awarded

Orders

  • ['Applicants have leave to file by 4.00 pm on 18 October 2013 an amended originating application as annexed.' 'Applicants have leave to file by 4.00 pm on 18 October 2013 an amended statement of claim as marked as exhibit AB.' "Second and fourth respondents pay the applicants' costs of and incidental to the hearing...