RNB Equities Pty Ltd v Credit Suisse Investment Services (Australia) Limited (No 2) [2019] FCA 1385

RNB Equities Pty Ltd v Credit Suisse Investment Services (Australia) Limited (No 2) [2019] FCA 1385

Neither paragraph 32 nor 39 of the ASOC is so untenable that it could not possibly succeed at trial; the particulars supplied are sufficient and no further particulars are necessary or desirable at this stage for the respondent to plead; interlocutory application is dismissed with costs.

Jurisdiction
Australia
Judgment Date
30 August 2019
Procedural Posture
Interlocutory Application / Application to Strike Out Parts of Amended Statement of Claim or for Further and Better Particulars; Pre Defence
Outcome
interlocutory application dismissed
Legal Topics
['pleadings' 'strike Out Applications' 'particulars' 'implied Contractual Terms' 'good Faith' 'exercise of Discretion']
['practice and Procedure' 'commercial Law'] ['pleadings' 'strike Out Applications' 'particulars' 'implied Contractual Terms' 'good Faith' 'exercise of Discretion']

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Procedural Posture

Interlocutory Application / Application to Strike Out Parts of Amended Statement of Claim or for Further and Better Particulars; Pre Defence

Legal Issues

  1. 1 ['Whether paragraphs 32 and 39 of the amended statement of claim are untenable and liable to be struck out' 'Whether further and better particulars are necessary or desirable to enable respondent to plead']

Ratio Decidendi

Neither paragraph 32 nor 39 of the ASOC is so untenable that it could not possibly succeed at trial; the particulars supplied are sufficient and no further particulars are necessary or desirable at this stage for the respondent to plead; interlocutory application is dismissed with costs.

Court Disposition

interlocutory application dismissed

Orders

  • ["The first respondent's interlocutory application dated 9 July 2019 be dismissed." "The first respondent pay the applicants' costs of and incidental to the first respondent's interlocutory application dated 9 July 2019."]