Cadoroll P/L & Ors v. Allegra Corporation Ltd & Ors [1994] FCA 713

Cadoroll P/L & Ors v. Allegra Corporation Ltd & Ors [1994] FCA 713

The statement of claim was defective in certain respects including misidentification of parties in specific paragraphs and inadequate factual allegations as to conversations and conduct. Applicants were allowed further time to file and serve an amended statement of claim before the motions would proceed, and the motions were adjourned accordingly.

Parties
Applicant: Adoroll Pty Limited; Applicant: Cadoshare Pty Limited; Applicant: Southern Plumbing Supplies Pty Limited; Applicant: Anthony William Griffin; Applicant: Bernard Vincent McKay; Applicant: Robert Henry Thomsen; Applicant: Frederick John Richards; Applicant: Waltrame Pty Limited; Applicant: Bayaci Pty Limited; Applicant: Itmar Weiss; Applicant: Integrity Insurance Pty Limited; Applicant: Harle Kenneth Blizard; Applicant: Charles Kenneth Blizard as Executor of the Estate of the Late Bernadette Ryding; Applicant: Lester Firth Associates Pty Limited; Applicant: Alfred Nathan Lester; Applicant: Hamerleen Pty Limited; Applicant: John William Firth; Applicant: Adolphe Frederick Beutler; Applicant: Anthony W Griffin Pty Limited; Applicant: Mid Stream Lodge Pty Limited; Applicant: James Douglas Blake; Applicant: Zandra Joy Blake; Applicant: Conjol Pty Limited; Applicant: Keyzone Pty Limited; Applicant: Belotto Pty Limited; Applicant: Dennis Howell Terracini; Applicant: Elaine Merle Terracini; First Respondent: Allegra Corporation Limited; Second Respondent: Allegra Investments Limited; Third Respondent: Mauntill Pty Limited; Fourth Respondent: Pegasus Leasing Limited; Fifth Respondent: Michael George Sinclair trading as Farnham Sinclair & Associates; Fifth Respondent: Maruta Pearson trading as Farnham Sinclair & Associates; Fifth Respondent: Michael Marko Zivkovic trading as Farnham Sinclair & Associates
Jurisdiction
Australia
Judgment Date
05 October 1994
Procedural Posture
Civil / Interlocutory Application (motions to Strike Out Pleadings)
Outcome
Adjournment to allow further amended statement of claim; costs reserved.
Legal Topics
Pleadings, Strike Out Applications
Civil Procedure Pleadings Strike Out Applications

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 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Adoroll Pty Limited

Applicant

Cadoshare Pty Limited

Applicant

Southern Plumbing Supplies Pty Limited

Applicant

Anthony William Griffin

Applicant

Bernard Vincent McKay

Applicant

Robert Henry Thomsen

Applicant

Frederick John Richards

Applicant

Waltrame Pty Limited

Applicant

Bayaci Pty Limited

Applicant

Itmar Weiss

Applicant

Integrity Insurance Pty Limited

Applicant

Harle Kenneth Blizard

Applicant

Charles Kenneth Blizard as Executor of the Estate of the Late Bernadette Ryding

Applicant

Lester Firth Associates Pty Limited

Applicant

Alfred Nathan Lester

Applicant

Hamerleen Pty Limited

Applicant

John William Firth

Applicant

Adolphe Frederick Beutler

Applicant

Anthony W Griffin Pty Limited

Applicant

Mid Stream Lodge Pty Limited

Applicant

James Douglas Blake

Applicant

Zandra Joy Blake

Applicant

Conjol Pty Limited

Applicant

Keyzone Pty Limited

Applicant

Belotto Pty Limited

Applicant

Dennis Howell Terracini

Applicant

Elaine Merle Terracini

Applicant

Allegra Corporation Limited

First Respondent

Allegra Investments Limited

Second Respondent

Mauntill Pty Limited

Third Respondent

Pegasus Leasing Limited

Fourth Respondent

Michael George Sinclair trading as Farnham Sinclair & Associates

Fifth Respondent

Maruta Pearson trading as Farnham Sinclair & Associates

Fifth Respondent

Michael Marko Zivkovic trading as Farnham Sinclair & Associates

Fifth Respondent

Procedural Posture

Civil / Interlocutory Application (motions to Strike Out Pleadings)

Legal Issues

  1. 1 Whether paragraphs or the entirety of the amended statement of claim should be struck out
  2. 2 Whether further amendments to the statement of claim are required

Ratio Decidendi

The statement of claim was defective in certain respects including misidentification of parties in specific paragraphs and inadequate factual allegations as to conversations and conduct. Applicants were allowed further time to file and serve an amended statement of claim before the motions would proceed, and the motions were adjourned accordingly.

Court Disposition

Adjournment to allow further amended statement of claim; costs reserved.

Orders

  • Applicants have liberty to file and serve a further amended statement of claim on or before 4 November 1994.
  • The motions of the third respondent, first named fifth respondent, fourth respondent, and first and second respondents are adjourned for mention on 21 November 1994.