Deen Pty Ltd v Geodesy Pty Ltd & Ors [2024] NSWDC 111

Deen Pty Ltd v Geodesy Pty Ltd & Ors [2024] NSWDC 111

The amended pleading was poorly expressed and required further particulars, and paragraph 3(e) and the unparticularised oppressive conduct allegations were deficient, but Deen's case was broadly comprehensible and not so hopeless that it was doomed to fail with the benefit of interlocutory processes. The delay in filing the amended pleading was relatively short and caused virtually no prejudice, so Deen should be permitted to file a Second Further Amended Statement of Claim conforming with the reasons. The notice to produce had a legitimate forensic purpose in light of the surviving pleaded case and production was not shown to be unduly burdensome, so Geodesy's application to set it aside...

Jurisdiction
Australia
Judgment Date
11 April 2024
Procedural Posture
Civil Interlocutory Applications in Alleged Partnership Dispute / Applications for Summary Dismissal or Strike Out of Amended Pleading, Leave to Rely on Amended Pleading, and Setting Aside Notice to Produce
Outcome
Geodesy's applications for summary dismissal, strike out and setting aside the notice to produce were refused except to the extent that Deen was required to file a conforming Second Further Amended Statement of Claim with particulars; the motions were otherwise dismissed and costs of the motions were costs in the...
Legal Topics
['summary Dismissal' 'strike Out of Pleading' 'amendment of Pleadings' 'notice to Produce' 'particulars' 'alleged Partnership Profit Entitlements' 'oppressive Conduct' 'fiduciary Duties']
['civil Procedure' 'partnership' 'corporations Law' 'commercial Disputes'] ['summary Dismissal' 'strike Out of Pleading' 'amendment of Pleadings' 'notice to Produce' 'particulars' 'alleged Partnership Profit Entitlements' 'oppressive Conduct' 'fiduciary Duties']

Case Brief

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Procedural Posture

Civil Interlocutory Applications in Alleged Partnership Dispute / Applications for Summary Dismissal or Strike Out of Amended Pleading, Leave to Rely on Amended Pleading, and Setting Aside Notice to Produce

Legal Issues

  1. 1 ["Whether Deen's Further Amended Statement of Claim should be summarily dismissed under r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW)." "Whether Deen's Further Amended Statement of Claim should be struck out under r 14.28 of the Uniform Civil Procedure Rules 2005 (NSW)." 'Whether leave should be granted nunc pro tunc for Deen to rely on an amended pleading filed out of time.' "Whether Geodesy's application to set aside Deen's notice to produce dated 13 November 2023 should be granted." "Whether Deen was required to provide further particulars of the alleged verbal partnership agreement, directors' agreement, restructure, and partnership terms."]

Ratio Decidendi

The amended pleading was poorly expressed and required further particulars, and paragraph 3(e) and the unparticularised oppressive conduct allegations were deficient, but Deen's case was broadly comprehensible and not so hopeless that it was doomed to fail with the benefit of interlocutory processes. The delay in filing the amended pleading was relatively short and caused virtually no prejudice, so Deen should be permitted to file a Second Further Amended Statement of Claim conforming with the reasons. The notice to produce had a legitimate forensic purpose in light of the surviving pleaded case and production was not shown to be unduly burdensome, so Geodesy's application to set it aside...

Court Disposition

Geodesy's applications for summary dismissal, strike out and setting aside the notice to produce were refused except to the extent that Deen was required to file a conforming Second Further Amended Statement of Claim with particulars; the motions were otherwise dismissed and costs of the motions were costs in the...

Orders

  • ['The defendant is to supply documents in answer to the categories identified in the notice to produce within 7 days.' 'Leave is granted to the plaintiff to file and serve a Second Further Amended Statement of Claim in conformity with these reasons by 2 May 2023, including provision of particulars.' 'The notices of...