McMillan v Coolah Home Base (No 3) [2020] NSWSC 1325

McMillan v Coolah Home Base (No 3) [2020] NSWSC 1325

Leave to file the further amended statement of claim against the fifth and sixth defendants is granted except for paragraphs [A43] – [A48] and references thereto, and subject to amendment of [A52] as required. The pleading is sufficiently clear as to the claims of knowing assistance and accessorial liability, and faintly arguable claims for oppression and unconscionable conduct may be advanced at trial. Claims for breach of statutory duty by administrators against individual members are not maintainable.

Jurisdiction
Australia
Judgment Date
30 September 2020
Procedural Posture
Interlocutory Application / Leave to Amend Statement of Claim
Outcome
Leave granted to file further amended statement of claim against fifth and sixth defendants with specified exceptions and conditions.
Legal Topics
['pleadings' 'strike Out Applications' "company Officers' Duties" 'fiduciary Duties' 'knowing Assistance' 'oppression Remedy' 'unconscionable Conduct' 'duty of Care' 'external Administration']
['civil Procedure' 'corporations Law' 'equity'] ['pleadings' 'strike Out Applications' "company Officers' Duties" 'fiduciary Duties' 'knowing Assistance' 'oppression Remedy' 'unconscionable Conduct' 'duty of Care' 'external Administration']

Case Brief

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Procedural Posture

Interlocutory Application / Leave to Amend Statement of Claim

Legal Issues

  1. 1 ['Whether the amended pleading discloses a tenable cause of action against the Deed Administrators' 'Whether leave should be granted to file a further amended statement of claim' 'Standing of plaintiffs to pursue claims for breach of statutory duties' 'Availability of oppression remedy and unconscionable conduct claims against administrators']

Ratio Decidendi

Leave to file the further amended statement of claim against the fifth and sixth defendants is granted except for paragraphs [A43] – [A48] and references thereto, and subject to amendment of [A52] as required. The pleading is sufficiently clear as to the claims of knowing assistance and accessorial liability, and faintly arguable claims for oppression and unconscionable conduct may be advanced at trial. Claims for breach of statutory duty by administrators against individual members are not maintainable.

Court Disposition

Leave granted to file further amended statement of claim against fifth and sixth defendants with specified exceptions and conditions.

Orders

  • ['Leave to file further amended statement of claim against fifth and sixth defendants, except for paragraphs [A43] – [A48] and references thereto, subject to amendment to allegation at [A52] as directed.' 'Plaintiffs to file and serve revised further amended statement of claim within 7 days.' "Costs of strike out...