Alico Tradings Pty Ltd v Houri [2023] NSWSC 1268

Alico Tradings Pty Ltd v Houri [2023] NSWSC 1268

Leave to join Petrolco Pty Ltd and to file the second further amended statement of claim was granted because the current proposed pleading, particularly paragraphs 294AQA to 294AQP, provided sufficient particulars to satisfy r 15.3, notwithstanding a caveat about particulars by reference to an affidavit and the incomplete identification of all plaintiff bank accounts. The plaintiff was required to pay the defendants' costs because it sought the indulgence and the defendants had appropriately objected to the earlier incomplete allegations concerning Petrolco.

Jurisdiction
Australia
Judgment Date
26 October 2023
Procedural Posture
Practice and Procedure Application to Join Defendant and Amend Statement of Claim / Notice of Motion Seeking Leave to File a Second Further Amended Statement of Claim and Join Petrolco Pty Ltd
Outcome
Leave granted to join Petrolco Pty Ltd and to file the second further amended statement of claim; plaintiff to pay the defendants' costs of the motion and costs thrown away by reason of the amendment.
Legal Topics
['joinder of Defendant' 'amendment of Pleadings' 'particulars of Fraud' 'misappropriation of Funds' 'uniform Civil Procedure Rules 2005 (nsw), R 15.3']
['practice and Procedure' 'civil Procedure' 'equity'] ['joinder of Defendant' 'amendment of Pleadings' 'particulars of Fraud' 'misappropriation of Funds' 'uniform Civil Procedure Rules 2005 (nsw), R 15.3']

Case Brief

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Procedural Posture

Practice and Procedure Application to Join Defendant and Amend Statement of Claim / Notice of Motion Seeking Leave to File a Second Further Amended Statement of Claim and Join Petrolco Pty Ltd

Legal Issues

  1. 1 ['Whether the plaintiff should have leave to join Petrolco Pty Ltd as a defendant to the proceedings.' 'Whether the proposed allegations against Petrolco, including alleged misappropriation of funds, were pleaded with sufficient particularity under r 15.3 of the Uniform Civil Procedure Rules 2005 (NSW).' "Whether the plaintiff should pay the defendants' costs of the motion and costs thrown away by reason of the amendment."]

Ratio Decidendi

Leave to join Petrolco Pty Ltd and to file the second further amended statement of claim was granted because the current proposed pleading, particularly paragraphs 294AQA to 294AQP, provided sufficient particulars to satisfy r 15.3, notwithstanding a caveat about particulars by reference to an affidavit and the incomplete identification of all plaintiff bank accounts. The plaintiff was required to pay the defendants' costs because it sought the indulgence and the defendants had appropriately objected to the earlier incomplete allegations concerning Petrolco.

Court Disposition

Leave granted to join Petrolco Pty Ltd and to file the second further amended statement of claim; plaintiff to pay the defendants' costs of the motion and costs thrown away by reason of the amendment.

Orders

  • ['The plaintiff has leave to join Petrolco Pty Ltd as a defendant to the proceedings.' 'The plaintiff has leave to file a second further amended statement of claim in the form which appears from p 423 of the Court Book within 14 days.' "The plaintiff is to pay the defendants' costs of the notice of motion filed on...