Heperu Pty Ltd & Ors v Morgan Brooks Pty Ltd & Ors [2007] NSWSC 77

Heperu Pty Ltd & Ors v Morgan Brooks Pty Ltd & Ors [2007] NSWSC 77

Given the novelty and factual complexity of the proposed causes of action concerning negligence and misleading or deceptive conduct, it is not possible to determine at this interlocutory stage that the claims are unarguable. Leave should be granted to amend the statement of claim, and the issues should be determined after full consideration at trial.

Jurisdiction
Australia
Judgment Date
07 February 2007
Procedural Posture
Equity Proceedings / Interlocutory Application for Leave to Amend Statement of Claim
Outcome
Leave to amend granted
Legal Topics
['negligence—economic Loss' 'misleading or Deceptive Conduct' 'leave to Amend Pleadings' 'duty of Care—investment Administration']
['equity' 'tort Law' 'corporate Law' 'trade Practices'] ['negligence—economic Loss' 'misleading or Deceptive Conduct' 'leave to Amend Pleadings' 'duty of Care—investment Administration']

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Procedural Posture

Equity Proceedings / Interlocutory Application for Leave to Amend Statement of Claim

Legal Issues

  1. 1 ['Whether leave to amend the statement of claim should be granted to add causes of action for economic loss against the fifth defendant' 'Whether proposed claims for breach of a novel duty of care are arguable' 'Whether proposed claims for misleading or deceptive conduct are arguable']

Ratio Decidendi

Given the novelty and factual complexity of the proposed causes of action concerning negligence and misleading or deceptive conduct, it is not possible to determine at this interlocutory stage that the claims are unarguable. Leave should be granted to amend the statement of claim, and the issues should be determined after full consideration at trial.

Court Disposition

Leave to amend granted

Orders

  • ['Leave granted to the plaintiffs to amend the Amended Statement of Claim in accordance with the Further Amended Statement of Claim attached to the affidavit of Mr Hensley of 28 November 2006.' "The costs of the motion to be costs in the trial, except the plaintiffs are to pay the Fifth Defendant's costs thrown away...