Ahn v Toppro Pty Ltd [2014] NSWSC 1699

Ahn v Toppro Pty Ltd [2014] NSWSC 1699

The amended statement of claim contained numerous deficiencies, included irrelevant matters, and failed to properly plead the effect of documents; it was struck out in its entirety with leave to replead.

Parties
First Plaintiff: Raphael Ahn; Second Plaintiff: Il Nam Yoo; First Defendant: Toppro Pty Ltd; Second Defendant: Ok Ja Joo; Third Defendant: Jae Joo Kim
Jurisdiction
Australia
Judgment Date
28 November 2014
Procedural Posture
Corporations List Equity Division / Interlocutory Application; Pleading Struck Out
Outcome
Amended statement of claim struck out with leave to replead; Wealth Wisdom Investments Ltd joined as fourth defendant; procedural orders made.
Legal Topics
Pleadings, Share Transfers, Repudiation of Contract, Joinder of Parties
Corporations Law Civil Procedure Pleadings Share Transfers Repudiation of Contract Joinder of Parties

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Parties

Raphael Ahn

First Plaintiff

Il Nam Yoo

Second Plaintiff

Toppro Pty Ltd

First Defendant

Ok Ja Joo

Second Defendant

Jae Joo Kim

Third Defendant

Procedural Posture

Corporations List Equity Division / Interlocutory Application; Pleading Struck Out

Legal Issues

  1. 1 Whether the amended statement of claim discloses a proper cause of action and is adequately pleaded
  2. 2 Whether Wealth Wisdom Investments Ltd should be joined as a party
  3. 3 Whether certain paragraphs of a notice to produce should be set aside

Ratio Decidendi

The amended statement of claim contained numerous deficiencies, included irrelevant matters, and failed to properly plead the effect of documents; it was struck out in its entirety with leave to replead.

Court Disposition

Amended statement of claim struck out with leave to replead; Wealth Wisdom Investments Ltd joined as fourth defendant; procedural orders made.

Orders

  • Wealth Wisdom Investments Ltd be added as fourth defendant.
  • Paragraphs 1 through 8 of the plaintiffs' notice to produce dated 10 November 2014 be set aside.