Australian Securities and Investments Commission v Australian Lending Centre Pty Limited [2010] FCA 1138

Australian Securities and Investments Commission v Australian Lending Centre Pty Limited [2010] FCA 1138

Given the plaintiff conceded deficiencies in its statement of claim and the proposed amendments, the Court struck out the statement of claim and dismissed the motion for leave to amend, without prejudice to the plaintiff's right to file an amended statement of claim.

Jurisdiction
Australia
Judgment Date
08 October 2010
Procedural Posture
Civil / Interlocutory (pleadings and Strike Out Motion)
Outcome
statement of claim struck out; plaintiff permitted to propose amendments; costs awarded to defendants
Legal Topics
['pleading Amendments' 'strike Out Applications' 'contravention of ASIC Act' 'accessorial Liability']
['corporate Law'] ['pleading Amendments' 'strike Out Applications' 'contravention of ASIC Act' 'accessorial Liability']

Case Brief

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Procedural Posture

Civil / Interlocutory (pleadings and Strike Out Motion)

Legal Issues

  1. 1 ['whether the statement of claim should be struck out' 'whether the amended statement of claim should be permitted']

Ratio Decidendi

Given the plaintiff conceded deficiencies in its statement of claim and the proposed amendments, the Court struck out the statement of claim and dismissed the motion for leave to amend, without prejudice to the plaintiff's right to file an amended statement of claim.

Court Disposition

statement of claim struck out; plaintiff permitted to propose amendments; costs awarded to defendants

Orders

  • ['The motion filed on 27 August 2010 be dismissed.' 'The statement of claim filed on 6 July 2010 be struck out.' 'The plaintiff serve on the defendants its proposed amended statement of claim by 29 October 2010.' 'The defendants notify the plaintiff of any objections to the draft amended statement of claim by 5...