Silversides Superfunds Pty Limited v Silverstate Developments Pty Limited [2008] NSWSC 904

Silversides Superfunds Pty Limited v Silverstate Developments Pty Limited [2008] NSWSC 904

The plaintiffs' statement of claim, as amended to correct admitted defects, is not liable to be struck out. The pleading sufficiently discloses reasonable causes of action, adequately particularises allegations of fraud, and it is at least arguable that the second defendant owed relevant fiduciary duties. The defendants' notice of motion is dismissed and leave to amend is granted to the plaintiffs in respect of paragraphs 6 and 9.

Jurisdiction
Australia
Judgment Date
02 September 2008
Procedural Posture
Notice of Motion (procedural Strike Out Application) / Interlocutory Determination
Outcome
Defendants' notice of motion dismissed; leave to amend statement of claim granted; costs awarded to plaintiffs.
Legal Topics
['pleadings' 'strike Out Applications' 'trusts and Trustees' 'fiduciary Duties' 'fraud Allegations']
['civil Procedure' 'equity'] ['pleadings' 'strike Out Applications' 'trusts and Trustees' 'fiduciary Duties' 'fraud Allegations']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Notice of Motion (procedural Strike Out Application) / Interlocutory Determination

Legal Issues

  1. 1 ['Whether the statement of claim discloses a reasonable cause of action' 'Whether the pleading is embarrassing or an abuse of process' 'Whether allegations of fraud are sufficiently particularised' 'Whether a director of a trustee company can owe fiduciary duties directly to beneficiaries']

Ratio Decidendi

The plaintiffs' statement of claim, as amended to correct admitted defects, is not liable to be struck out. The pleading sufficiently discloses reasonable causes of action, adequately particularises allegations of fraud, and it is at least arguable that the second defendant owed relevant fiduciary duties. The defendants' notice of motion is dismissed and leave to amend is granted to the plaintiffs in respect of paragraphs 6 and 9.

Court Disposition

Defendants' notice of motion dismissed; leave to amend statement of claim granted; costs awarded to plaintiffs.

Orders

  • ['Leave granted to the Plaintiffs to amend paragraphs 6 and 9 in the statement of claim.' 'The notice of motion filed by the Defendants on 31 March 2008 is dismissed.' 'Defendants to pay the costs of the Plaintiffs of the aforesaid notice of motion.']