Idoport Pty Ltd & Anor v National Australia Bank Ltd & Ors [7] [2000] NSWSC 599

Idoport Pty Ltd & Anor v National Australia Bank Ltd & Ors [7] [2000] NSWSC 599

Leave to file the proposed second cross-claim is granted, excluding the s75B count, because the court is not satisfied that the limitation period or pleading defects are clear enough to bar the claim at this stage. Sections of the amended defence to the first cross-claim are not struck out as most objections have been remedied and remaining inadequacies do not justify precluding amendment.

Jurisdiction
Australia
Judgment Date
30 June 2000
Procedural Posture
Commercial / Interlocutory Judgment on Pleadings and Motions
Outcome
Notice of motion to strike out is dismissed; leave granted to file second cross-claim excluding s75B count.
Legal Topics
['striking Out Pleadings' 'leave to File Cross Claims' 'limitation Periods' 'pleadings and Particulars' 'joinder of Parties']
['practice and Procedure' 'commercial Law'] ['striking Out Pleadings' 'leave to File Cross Claims' 'limitation Periods' 'pleadings and Particulars' 'joinder of Parties']

Case Brief

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Procedural Posture

Commercial / Interlocutory Judgment on Pleadings and Motions

Legal Issues

  1. 1 ['Whether leave should be granted to file a second cross-claim, excluding the s75B Trade Practices Act count' 'Whether sections of the amended defence to the first cross-claim should be struck out' 'Applicability of limitation periods to the second cross-claim' 'Adequacy of particulars for claims under s75B Trade Practices Act' 'Joinder of additional cross-defendants']

Ratio Decidendi

Leave to file the proposed second cross-claim is granted, excluding the s75B count, because the court is not satisfied that the limitation period or pleading defects are clear enough to bar the claim at this stage. Sections of the amended defence to the first cross-claim are not struck out as most objections have been remedied and remaining inadequacies do not justify precluding amendment.

Court Disposition

Notice of motion to strike out is dismissed; leave granted to file second cross-claim excluding s75B count.

Orders

  • ['Leave granted to file proposed second cross-claim excluding s75B count.' 'Notice of motion to strike out sections of amended defence to first cross-claim dismissed.']