Peter Davis & Ors v Halliday Financial Management Pty Limited & Ors [2014] NSWSC 1371

Peter Davis & Ors v Halliday Financial Management Pty Limited & Ors [2014] NSWSC 1371

Alleging only actual knowledge without pleading further material facts is insufficient to sustain a claim for accessorial liability; material facts from which such knowledge is to be inferred must be pleaded to fairly inform the defendants of the case they have to answer.

Jurisdiction
Australia
Judgment Date
03 October 2014
Procedural Posture
Interlocutory Applications / Application to Strike Out Pleadings
Outcome
Statement of claim struck out in part with leave to replead
Legal Topics
['pleadings' 'accessorial Liability' 'material Facts' 'particularity in Pleadings']
['practice and Procedure'] ['pleadings' 'accessorial Liability' 'material Facts' 'particularity in Pleadings']

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Procedural Posture

Interlocutory Applications / Application to Strike Out Pleadings

Legal Issues

  1. 1 ['Whether the allegations of actual knowledge in the proposed amended statement of claim are pleaded with sufficient particularity to support claims of accessorial liability under ASIC Act s 12DA and Australian Consumer Law s 18.']

Ratio Decidendi

Alleging only actual knowledge without pleading further material facts is insufficient to sustain a claim for accessorial liability; material facts from which such knowledge is to be inferred must be pleaded to fairly inform the defendants of the case they have to answer.

Court Disposition

Statement of claim struck out in part with leave to replead

Orders

  • ['Relevant paragraphs of the proposed amended statement of claim struck out' 'Leave to replead granted to the plaintiffs' "Plaintiffs to pay the defendants' costs of the motions" 'Parties to bring in short minutes of order to give effect to reasons and timetable further pleading']