Giabal Pty Ltd v Gunns Plantations Ltd (in liq) [2022] NSWSC 1557

Giabal Pty Ltd v Gunns Plantations Ltd (in liq) [2022] NSWSC 1557

Leave to amend the Commercial List Statement was refused because the proposed amendments would introduce new factual issues requiring investigation and evidence near the imminent hearing date and would significantly prejudice the respondent; no sufficient explanation for lateness was given. The proposed discovery was deferred to allow the parties to formulate appropriate categories and keyword searches.

Parties
First Plaintiff/first Applicant: Giabal Pty Ltd; Second Plaintiff/second Applicant: Geoffry Edward Underwood; Third Defendant: Wayne Leonard Chapman; Fourth Defendant: Robert Watson and Erica Gay (as legal personal representatives for the estate of the late John Eugene Gay); Fifth Defendant: Rodney John Loone; Sixth Defendant: Leslie Ralph Baker; Seventh Defendant: Robert Henry Graham; Eighth Defendant: Robin Gray; Ninth Defendant: Paul Desmond Teisseire; Tenth Defendant/first Respondent: Andrew Gray (KPMG Partner); Eleventh Defendant/second Respondent: Mathew Gary Wallace; Twelfth Defendant: Catlin Australia Pty Ltd; Thirteenth Defendant: Chubb Insurance Australia Limited
Jurisdiction
Australia
Judgment Date
14 November 2022
Procedural Posture
Representative Proceeding (class Action) / Interlocutory Motion; Procedural Amendment/discovery Application Prior to Hearing
Outcome
Plaintiffs' amendment application dismissed with costs; discovery application deferred for further consideration.
Legal Topics
Representative Proceedings, Discovery, Amendment of Pleadings, Auditor’s Duties, Misleading or Deceptive Conduct
Practice and Procedure Corporations Law Representative Proceedings Discovery Amendment of Pleadings Auditor’s Duties Misleading or Deceptive Conduct

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 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Giabal Pty Ltd

First Plaintiff/first Applicant

Geoffry Edward Underwood

Second Plaintiff/second Applicant

Wayne Leonard Chapman

Third Defendant

Robert Watson and Erica Gay (as legal personal representatives for the estate of the late John Eugene Gay)

Fourth Defendant

Rodney John Loone

Fifth Defendant

Leslie Ralph Baker

Sixth Defendant

Robert Henry Graham

Seventh Defendant

Robin Gray

Eighth Defendant

Paul Desmond Teisseire

Ninth Defendant

Andrew Gray (KPMG Partner)

Tenth Defendant/first Respondent

Mathew Gary Wallace

Eleventh Defendant/second Respondent

Catlin Australia Pty Ltd

Twelfth Defendant

Chubb Insurance Australia Limited

Thirteenth Defendant

Procedural Posture

Representative Proceeding (class Action) / Interlocutory Motion; Procedural Amendment/discovery Application Prior to Hearing

Legal Issues

  1. 1 Should leave be granted to amend the Commercial List Statement to include a claim for misleading or deceptive conduct against KPMG?
  2. 2 Should further discovery be ordered at this stage?

Ratio Decidendi

Leave to amend the Commercial List Statement was refused because the proposed amendments would introduce new factual issues requiring investigation and evidence near the imminent hearing date and would significantly prejudice the respondent; no sufficient explanation for lateness was given. The proposed discovery was deferred to allow the parties to formulate appropriate categories and keyword searches.

Court Disposition

Plaintiffs' amendment application dismissed with costs; discovery application deferred for further consideration.

Orders

  • Plaintiffs' application to amend Third Further Amended Summons and Commercial List Statement dismissed with costs.
  • Further consideration of plaintiffs' application for discovery adjourned to allow respondents to formulate keyword searches and revised categories.