Haschka Pty Limited v Ad Danieli Pty Limited [2012] NSWSC 1628

Haschka Pty Limited v Ad Danieli Pty Limited [2012] NSWSC 1628

The claim against the first defendant is untenable, as the entity was not incorporated at the relevant time and cannot be held responsible for advice allegedly given prior to its existence; successor practice liability is not established merely by asset transfer.

Jurisdiction
Australia
Judgment Date
17 December 2012
Procedural Posture
Civil / Interlocutory (strike Out Motion)
Outcome
Strike out of claims against first defendant
Legal Topics
['strike Out' 'successor Practice Liability' 'particulars of Pleading']
['civil Procedure'] ['strike Out' 'successor Practice Liability' 'particulars of Pleading']

Case Brief

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Procedural Posture

Civil / Interlocutory (strike Out Motion)

Legal Issues

  1. 1 ['Whether the successor practice is responsible for liabilities of the predecessor' 'Sufficiency of particulars in Statement of Claim against first defendant']

Ratio Decidendi

The claim against the first defendant is untenable, as the entity was not incorporated at the relevant time and cannot be held responsible for advice allegedly given prior to its existence; successor practice liability is not established merely by asset transfer.

Court Disposition

Strike out of claims against first defendant

Orders

  • ['Claims made against the first defendant in the statement of claim filed on 5 October 2011 and amended on 24 September 2012 are struck out.' "Plaintiff to pay first defendant's costs of the motion." 'Second and third defendants not entitled to rely at the hearing on affidavit or statement evidence not served by 21...