Moustach Pty Limited v Eddie Takchi [2015] NSWSC 2078

Moustach Pty Limited v Eddie Takchi [2015] NSWSC 2078

Amendments to the statement of claim are disallowed because they introduce claims against persons not joined as parties and cannot succeed without their joinder; proceedings against the third and fourth defendants are dismissed due to repeated failure to properly plead the s 37A case and procedural defects, but without prejudice to the plaintiffs instituting new proceedings for the same cause of action.

Jurisdiction
Australia
Judgment Date
03 August 2015
Procedural Posture
Motion/disallowance of Amendments / Interlocutory
Outcome
Amendments disallowed; proceedings against third and fourth defendants dismissed; costs orders made against plaintiffs.
Legal Topics
['amendments to Pleading' 'striking Out' 'joinder of Parties' 'costs']
['procedure' 'corporations Law'] ['amendments to Pleading' 'striking Out' 'joinder of Parties' 'costs']

Case Brief

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Procedural Posture

Motion/disallowance of Amendments / Interlocutory

Legal Issues

  1. 1 ['Whether amendments to the further amended statement of claim should be disallowed' 'Whether the proceedings against the third and fourth defendants should be dismissed']

Ratio Decidendi

Amendments to the statement of claim are disallowed because they introduce claims against persons not joined as parties and cannot succeed without their joinder; proceedings against the third and fourth defendants are dismissed due to repeated failure to properly plead the s 37A case and procedural defects, but without prejudice to the plaintiffs instituting new proceedings for the same cause of action.

Court Disposition

Amendments disallowed; proceedings against third and fourth defendants dismissed; costs orders made against plaintiffs.

Orders

  • ['The amendments contained in the further amended statement of claim filed on 16 July 2015 be disallowed.' 'The proceedings as against the third and fourth defendants be dismissed.' "The plaintiffs' notice of motion filed on 4 July 2015 be dismissed." "The plaintiffs pay the third and fourth defendants' costs of the...