Hastie Group Ltd (in liq) v Bourne; Hastie Group Ltd (in liq) v Moore [2017] NSWSC 709

Hastie Group Ltd (in liq) v Bourne; Hastie Group Ltd (in liq) v Moore [2017] NSWSC 709

Leave to file the proposed amended commercial list statements was refused in both proceedings because the pleadings were fundamentally defective: they failed to specify with sufficient clarity and particularity the facts said to establish breach and causation and left the defendants to speculate as to the case to be met. Dismissal outright was not ordered except in relation to claims now statute-barred or claims relating to the 2010 audit, because some remaining claims (not yet barred) could be properly pleaded in further amended statements and commenced anew if necessary. The plaintiffs were granted a final opportunity to serve a further proposed amended statement in relation only to...

Jurisdiction
Australia
Judgment Date
06 June 2017
Procedural Posture
Applications for Leave to Amend Commercial List Statements in Civil Proceedings / Interlocutory (pleading Amendment Application and Strike Out/dismissal Sought)
Outcome
Leave to file proposed amended commercial list statements refused; proceedings dismissed insofar as they make claims now statute-barred or relating to 2010 audit; costs to defendants; further opportunity permitted for properly pleaded not yet statute-barred claims as directed.
Legal Topics
['pleadings and Amendment' "directors' Duties" "auditor's Duty of Care" 'statutory Limitation' 'negligence' 'misleading or Deceptive Conduct' 'statutory Compliance']
['civil Procedure' 'company Law' 'audit/professional Liability'] ['pleadings and Amendment' "directors' Duties" "auditor's Duty of Care" 'statutory Limitation' 'negligence' 'misleading or Deceptive Conduct' 'statutory Compliance']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Applications for Leave to Amend Commercial List Statements in Civil Proceedings / Interlocutory (pleading Amendment Application and Strike Out/dismissal Sought)

Legal Issues

  1. 1 ['Whether leave should be granted to amend the commercial list statements in proceedings against former directors and auditors; whether the pleadings as currently proposed disclose a reasonable cause of action; whether any further opportunity to replead should be granted; what claims or aspects are now statute-barred; implications for costs.']

Ratio Decidendi

Leave to file the proposed amended commercial list statements was refused in both proceedings because the pleadings were fundamentally defective: they failed to specify with sufficient clarity and particularity the facts said to establish breach and causation and left the defendants to speculate as to the case to be met. Dismissal outright was not ordered except in relation to claims now statute-barred or claims relating to the 2010 audit, because some remaining claims (not yet barred) could be properly pleaded in further amended statements and commenced anew if necessary. The plaintiffs were granted a final opportunity to serve a further proposed amended statement in relation only to...

Court Disposition

Leave to file proposed amended commercial list statements refused; proceedings dismissed insofar as they make claims now statute-barred or relating to 2010 audit; costs to defendants; further opportunity permitted for properly pleaded not yet statute-barred claims as directed.

Orders

  • ["Dismiss the plaintiffs' application for leave to file the proposed amended commercial list statement annexed to the affidavit of their solicitor in each proceeding." "Plaintiffs to pay the defendants' costs of the proceeding to date." "Liberty to the parties to apply on 3 business days' notice." 'Stand the matter...