Coleman v Australasian Fencing Pty Ltd [2020] NSWSC 1090

Coleman v Australasian Fencing Pty Ltd [2020] NSWSC 1090

The plaintiffs' claims, except for the claims relating to declarations as to funds being held on trust for ACJV Holdings and for distribution of company profits, are for breach of a Joint Venture Agreement between the plaintiffs and defendants, not for loss suffered by the company. Thus, the plaintiffs are proper plaintiffs for their pleaded breach of contract claims. Claims for relief affecting the rights of ACJV Holdings (prayers 3 and 4) are struck out as those are for the company to pursue. Joinder of ACJV Holdings is not required for the claims that remain after limiting relief. Leave is granted to amend the statement of claim to reflect these findings.

Jurisdiction
Australia
Judgment Date
18 August 2020
Procedural Posture
Application (notice of Motion) / Interlocutory
Outcome
Defendants' application for summary dismissal or striking out is dismissed. Plaintiffs granted leave to file further amended statement of claim (excluding claims for relief in prayers 3 and 4). Directions and cost orders made as specified.
Legal Topics
['pleadings' 'striking Out Pleadings' 'summary Dismissal' 'proper Plaintiff' 'joinder of Parties' 'amendment of Pleadings']
['civil Procedure' 'equity'] ['pleadings' 'striking Out Pleadings' 'summary Dismissal' 'proper Plaintiff' 'joinder of Parties' 'amendment of Pleadings']

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Procedural Posture

Application (notice of Motion) / Interlocutory

Legal Issues

  1. 1 ['Whether the plaintiffs are the proper plaintiffs to bring claims for breach of joint venture agreement and entitlement to profits' 'Whether all necessary parties, particularly ACJV Holdings, are required to be joined' 'Whether the pleading discloses a reasonable cause of action against the defendants' 'Whether the claims in prayers 3 and 4 should proceed']

Ratio Decidendi

The plaintiffs' claims, except for the claims relating to declarations as to funds being held on trust for ACJV Holdings and for distribution of company profits, are for breach of a Joint Venture Agreement between the plaintiffs and defendants, not for loss suffered by the company. Thus, the plaintiffs are proper plaintiffs for their pleaded breach of contract claims. Claims for relief affecting the rights of ACJV Holdings (prayers 3 and 4) are struck out as those are for the company to pursue. Joinder of ACJV Holdings is not required for the claims that remain after limiting relief. Leave is granted to amend the statement of claim to reflect these findings.

Court Disposition

Defendants' application for summary dismissal or striking out is dismissed. Plaintiffs granted leave to file further amended statement of claim (excluding claims for relief in prayers 3 and 4). Directions and cost orders made as specified.

Orders

  • ["Dismiss the defendants' application by notice of motion filed 22 May 2020 for summary dismissal or striking out." 'Give leave for plaintiffs to file further amended statement of claim in the form attached to written submissions but omitting claims for relief in prayers 3 and 4.' 'Direct that the further amended...