Sheahan, in the matter of Atsikbasis Nominees Pty Ltd (in Liquidation) [2013] FCA 44

Sheahan, in the matter of Atsikbasis Nominees Pty Ltd (in Liquidation) [2013] FCA 44

The particulars provided by the plaintiffs were held to be adequate for the purposes of pleading. Although further detail may be provided after discovery, the current particulars sufficiently inform the defendants of the case they have to meet. The plaintiffs' application for leave to further amend the Statement of Claim is adjourned to allow them to draft a Statement of Claim consistent with these reasons.

Parties
First Plaintiff: John Sheahan as Liquidator of Atsikbasis Nominees Pty Ltd (in Liquidation) ACN 007 769 557; Second Plaintiff: Atsikbasis Nominees Pty Ltd (in Liquidation) ACN 007 769 557; First Defendant: Atsikbasis Nominees No 2 Pty Ltd ACN 100 537 415 as Trustee of the Atsikbasis Family Settlement No 2; Second Defendant: Manuel Atsikbasis; Third Defendant: Maria Atsikbasis; Fourth Defendant: Fotina Atsikbasis; Fifth Defendant: Helen Atsikbasis-Stamatelopoulos; Sixth Defendant: Peter Atsikbasis; Seventh Defendant: Nicholas Atsikbasis; Eighth Defendant: Manuel Atsikbasis and Maria Atsikbasis in their capacity as trustees of the Manuel Atsikbasis Family Superannuation Fund; Ninth Defendant: Nicholas Atsikbasis and Fotina Atsikbasis in their capacity as trustees of the Nicholas Atsikbasis Family Superannuation Fund; Tenth Defendant: Maria Atsikbasis, Panagiotis (Peter) Atsikbasis and Aikaterini Atsikbasis in their capacity as trustees of the Peter & Kathy Atsikbasis Superannuation Fund Spiros Atsikbasis; Eleventh Defendant: Messarius Nominees Pty Ltd ACN 100 537 442 as Trustee of the Manuel Atsikbasis Family Trust No 2; Twelfth Defendant: Nicholas Atsikbasis and Fotina Atsikbasis in their capacity as trustees of the Fotina Atsikbasis Family Trust; Thirteenth Defendant: Macobu Nominees Pty Ltd ACN 100 537 460 as Trustee of the Spiros Atsikbasis Family Trust No 2
Jurisdiction
Australia
Judgment Date
05 February 2013
Procedural Posture
Interlocutory Application / Application for Leave to Amend Statement of Claim
Outcome
Adjournment of interlocutory application
Legal Topics
Pleadings, Particularisation of Fraud, Leave to Amend, Corporate Law
Practice and Procedure Pleadings Particularisation of Fraud Leave to Amend Corporate Law

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Parties

John Sheahan as Liquidator of Atsikbasis Nominees Pty Ltd (in Liquidation) ACN 007 769 557

First Plaintiff

Atsikbasis Nominees Pty Ltd (in Liquidation) ACN 007 769 557

Second Plaintiff

Atsikbasis Nominees No 2 Pty Ltd ACN 100 537 415 as Trustee of the Atsikbasis Family Settlement No 2

First Defendant

Manuel Atsikbasis

Second Defendant

Maria Atsikbasis

Third Defendant

Fotina Atsikbasis

Fourth Defendant

Helen Atsikbasis-Stamatelopoulos

Fifth Defendant

Peter Atsikbasis

Sixth Defendant

Nicholas Atsikbasis

Seventh Defendant

Manuel Atsikbasis and Maria Atsikbasis in their capacity as trustees of the Manuel Atsikbasis Family Superannuation Fund

Eighth Defendant

Nicholas Atsikbasis and Fotina Atsikbasis in their capacity as trustees of the Nicholas Atsikbasis Family Superannuation Fund

Ninth Defendant

Maria Atsikbasis, Panagiotis (Peter) Atsikbasis and Aikaterini Atsikbasis in their capacity as trustees of the Peter & Kathy Atsikbasis Superannuation Fund Spiros Atsikbasis

Tenth Defendant

Messarius Nominees Pty Ltd ACN 100 537 442 as Trustee of the Manuel Atsikbasis Family Trust No 2

Eleventh Defendant

Nicholas Atsikbasis and Fotina Atsikbasis in their capacity as trustees of the Fotina Atsikbasis Family Trust

Twelfth Defendant

Macobu Nominees Pty Ltd ACN 100 537 460 as Trustee of the Spiros Atsikbasis Family Trust No 2

Thirteenth Defendant

Procedural Posture

Interlocutory Application / Application for Leave to Amend Statement of Claim

Legal Issues

  1. 1 Whether the proposed Statement of Claim is adequately particularised, particularly in relation to allegations of fraud.
  2. 2 Whether further particulars may be provided after discovery and interrogatories.
  3. 3 Whether the applicants should be granted leave to further amend the Statement of Claim.

Ratio Decidendi

The particulars provided by the plaintiffs were held to be adequate for the purposes of pleading. Although further detail may be provided after discovery, the current particulars sufficiently inform the defendants of the case they have to meet. The plaintiffs' application for leave to further amend the Statement of Claim is adjourned to allow them to draft a Statement of Claim consistent with these reasons.

Court Disposition

Adjournment of interlocutory application

Orders

  • Further consideration of the plaintiffs' interlocutory application dated 3 December 2012 be adjourned to a date to be fixed.