ACN 098 676 852 Pty Ltd v Edison Corporation Pty Ltd [2006] FCA 311

ACN 098 676 852 Pty Ltd v Edison Corporation Pty Ltd [2006] FCA 311

The statement of claim as proposed provides sufficient particularity of the material facts underlying the claims against the third and fourth respondents, and as such, leave to amend should be granted.

Parties
Applicant: ACN 098 676 852 Pty Ltd; First Respondent: Edison Corporation Pty Ltd (ACN 082 288 604); Second Respondent: Brian Wilfred Pelham (ACN 082 288 604); Third Respondent: Guy D'Arrigo Associates Pty Ltd (ACN 060 428 748); Fourth Respondent: Guy Peter D'Arrigo
Jurisdiction
Australia
Judgment Date
30 March 2006
Procedural Posture
Practice and Procedure / Interlocutory Application to Amend Statement of Claim
Outcome
Leave to amend statement of claim granted
Legal Topics
Application to Amend Statement of Claim, Pleading Requirements, Misrepresentation, Negligence (duty of Care in Preparation of Financial Statements)
Practice and Procedure Torts Consumer Protection Application to Amend Statement of Claim Pleading Requirements Misrepresentation Negligence (duty of Care in Preparation of Financial Statements)

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Parties

ACN 098 676 852 Pty Ltd

Applicant

Edison Corporation Pty Ltd (ACN 082 288 604)

First Respondent

Brian Wilfred Pelham (ACN 082 288 604)

Second Respondent

Guy D'Arrigo Associates Pty Ltd (ACN 060 428 748)

Third Respondent

Guy Peter D'Arrigo

Fourth Respondent

Procedural Posture

Practice and Procedure / Interlocutory Application to Amend Statement of Claim

Legal Issues

  1. 1 Whether the proposed amended statement of claim lacks sufficient particularity against the third and fourth respondents
  2. 2 Whether leave should be granted to amend the statement of claim

Ratio Decidendi

The statement of claim as proposed provides sufficient particularity of the material facts underlying the claims against the third and fourth respondents, and as such, leave to amend should be granted.

Court Disposition

Leave to amend statement of claim granted

Orders

  • Leave to the applicant to amend its statement of claim in accordance with the draft statement of claim exhibited to the affidavit of Samara Jane Bell sworn on 3 March 2006