Raphael Ahn v Toppro Pty Ltd [2015] NSWSC 641

Raphael Ahn v Toppro Pty Ltd [2015] NSWSC 641

The amended statement of claim was struck out because, despite repeated references to acts of deceit, it contained no allegation of any statement or representation made or conveyed by any defendant to the plaintiff and relied on by the plaintiff, and the alleged acts of deceit postdated the execution and delivery of the share transfer. The pleaded trust allegations were internally inconsistent and did not plead material facts sufficient to sustain a trust. The pleading also contained irrelevant allegations and was vexatious, embarrassing, failed to disclose a viable cause of action, and was calculated to waste time and cause trouble.

Jurisdiction
Australia
Judgment Date
16 February 2015
Procedural Posture
Equity Division Corporations List; Tort of Deceit, Aiding and Abetting Misleading and Deceptive Conduct in the Course of Trade and Commerce / Interlocutory Application to Strike Out Amended Statement of Claim
Outcome
Amended statement of claim struck out with leave to replead.
Legal Topics
['pleadings' 'strike Out Application' 'tort of Deceit' 'share Transfer' 'resulting Trust']
['procedure' 'corporations' 'tort'] ['pleadings' 'strike Out Application' 'tort of Deceit' 'share Transfer' 'resulting Trust']

Case Brief

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Procedural Posture

Equity Division Corporations List; Tort of Deceit, Aiding and Abetting Misleading and Deceptive Conduct in the Course of Trade and Commerce / Interlocutory Application to Strike Out Amended Statement of Claim

Legal Issues

  1. 1 ['Whether the amended statement of claim sufficiently pleaded a cause of action in deceit.' 'Whether the pleading alleged material facts sufficient to sustain an allegation that shares were held on trust.' 'Whether the amended statement of claim should be struck out as vexatious, embarrassing, failing to disclose a viable cause of action, and calculated to waste time and cause trouble.']

Ratio Decidendi

The amended statement of claim was struck out because, despite repeated references to acts of deceit, it contained no allegation of any statement or representation made or conveyed by any defendant to the plaintiff and relied on by the plaintiff, and the alleged acts of deceit postdated the execution and delivery of the share transfer. The pleaded trust allegations were internally inconsistent and did not plead material facts sufficient to sustain a trust. The pleading also contained irrelevant allegations and was vexatious, embarrassing, failed to disclose a viable cause of action, and was calculated to waste time and cause trouble.

Court Disposition

Amended statement of claim struck out with leave to replead.

Orders

  • ['The amended statement of claim filed on 17 December 2014 be struck out, with leave to replead.' "The plaintiff pay the defendants' costs of the interlocutory process on an indemnity basis." 'The plaintiff have leave to file and serve a further amended statement of claim by 16 March 2015.' 'The proceedings be...