Eyres Reed McIntosh Ltd v Vintage Builders Pty Ltd [1987] FCA 522

Eyres Reed McIntosh Ltd v Vintage Builders Pty Ltd [1987] FCA 522

The particulars provided by Cassells, though at best supporting prospective intention to resign, did not make it appropriate at this stage to strike out the pleadings. The facts alleged could support an inference of resignation. For particular discovery, there were sufficient grounds to order the filing of an affidavit regarding certain classes of documents for relevant periods, but not as broadly as originally sought.

Parties
First Applicant: Eyres Reed McIntosh Limited; Second Applicant: Murray Gordon McDonald; Second Applicant: Patricia Irene McDonald; Second Applicant: Raymond Harry Weeks; Second Applicant: Ronald Leslie Pass; Second Applicant: Alice Annie Pass; Second Applicant: Maxine Ann Ardagh; Second Applicant: Ian Arthur Carson; Second Applicant: Kenneth Joseph Hall; Second Applicant: Teresa Mary Poninelli; Second Applicant: Robert John Bowden; Second Applicant: Patricia Anne Bowden; Second Applicant: William Deane Detez; Second Applicant: Terrance Piggott; Second Applicant: Patricia Clare Piggott; Second Applicant: Trucking Nominees Pty Ltd; Second Applicant: K. Biggs Enterprises Pty Ltd; Second Applicant: John Denis Paul; Second Applicant: Helen Cicely Paul; Second Applicant: Frederick Robert Smith; Second Applicant: Catherine Mary Smith; First Respondent: Vintage Builders Pty Ltd; Second Respondent: David Robert Richards; Second Respondent: Robert Edward Stockbridge; Second Respondent: Terrence Joseph Cassells
Jurisdiction
Australia
Judgment Date
02 September 1987
Procedural Posture
Application (interlocutory Motions) / Interlocutory; Strike Out Application and Application for Particular Discovery
Outcome
Applicants' motion to strike out dismissed; motion for discovery granted in part; costs in the cause.
Legal Topics
Misleading or Deceptive Conduct, Fraud, Specific Discovery, Strike Out Applications
Commercial Law Trade Practices Misleading or Deceptive Conduct Fraud Specific Discovery Strike Out Applications

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Parties

Eyres Reed McIntosh Limited

First Applicant

Murray Gordon McDonald

Second Applicant

Patricia Irene McDonald

Second Applicant

Raymond Harry Weeks

Second Applicant

Ronald Leslie Pass

Second Applicant

Alice Annie Pass

Second Applicant

Maxine Ann Ardagh

Second Applicant

Ian Arthur Carson

Second Applicant

Kenneth Joseph Hall

Second Applicant

Teresa Mary Poninelli

Second Applicant

Robert John Bowden

Second Applicant

Patricia Anne Bowden

Second Applicant

William Deane Detez

Second Applicant

Terrance Piggott

Second Applicant

Patricia Clare Piggott

Second Applicant

Trucking Nominees Pty Ltd

Second Applicant

K. Biggs Enterprises Pty Ltd

Second Applicant

John Denis Paul

Second Applicant

Helen Cicely Paul

Second Applicant

Frederick Robert Smith

Second Applicant

Catherine Mary Smith

Second Applicant

Vintage Builders Pty Ltd

First Respondent

David Robert Richards

Second Respondent

Robert Edward Stockbridge

Second Respondent

Terrence Joseph Cassells

Second Respondent

Procedural Posture

Application (interlocutory Motions) / Interlocutory; Strike Out Application and Application for Particular Discovery

Legal Issues

  1. 1 Whether parts of the defence should be struck out for disclosing no reasonable defence, prejudice, embarrassment or delay; whether particular discovery should be ordered against the third-named second respondent

Ratio Decidendi

The particulars provided by Cassells, though at best supporting prospective intention to resign, did not make it appropriate at this stage to strike out the pleadings. The facts alleged could support an inference of resignation. For particular discovery, there were sufficient grounds to order the filing of an affidavit regarding certain classes of documents for relevant periods, but not as broadly as originally sought.

Court Disposition

Applicants' motion to strike out dismissed; motion for discovery granted in part; costs in the cause.

Orders

  • The applicants' motion to strike out is dismissed.
  • The costs of the motion to strike out will be in the cause.