Liu & Ors v Lin [2023] NSWSC 1326

Liu & Ors v Lin [2023] NSWSC 1326

Leave to file the Further Amended Statement of Claim was granted because, with the improvements proposed in the plaintiffs' submissions, the pleading was not unfairly embarrassing: the plaintiffs could plead matters by reference to facts ultimately found, conduct after a payment would not be treated as causing that payment, and causation issues could be dealt with at final hearing without requiring an unnecessarily complex pleading of every causal combination.

Jurisdiction
Australia
Judgment Date
03 November 2023
Procedural Posture
Procedural Ruling; Equity Proceedings Concerning Amendment of Pleadings / Plaintiffs' Application for Leave to File a Further Amended Statement of Claim After the Court's First Judgment
Outcome
Leave granted to file the Amended Statement of Claim subject to the plaintiffs paying any costs thrown away by the amendment.
Legal Topics
['amendment of Pleadings' 'pleadings' 'embarrassment in Form' 'fraud Pleading' 'causation' 'misleading and Deceptive Conduct']
['civil Procedure' 'equity'] ['amendment of Pleadings' 'pleadings' 'embarrassment in Form' 'fraud Pleading' 'causation' 'misleading and Deceptive Conduct']

Case Brief

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Procedural Posture

Procedural Ruling; Equity Proceedings Concerning Amendment of Pleadings / Plaintiffs' Application for Leave to File a Further Amended Statement of Claim After the Court's First Judgment

Legal Issues

  1. 1 ['Whether the plaintiffs should be granted leave to file the Further Amended Statement of Claim.' 'Whether the pleading of the genuineness representation said to constitute fraud was embarrassing in form or inadequate because it did not identify the conduct, intention and time of the representation with sufficient precision.' 'Whether the pleading of causation in the misleading and deceptive conduct claim was embarrassing because it did not specify whether multiple representations separately or jointly caused the alleged loss.']

Ratio Decidendi

Leave to file the Further Amended Statement of Claim was granted because, with the improvements proposed in the plaintiffs' submissions, the pleading was not unfairly embarrassing: the plaintiffs could plead matters by reference to facts ultimately found, conduct after a payment would not be treated as causing that payment, and causation issues could be dealt with at final hearing without requiring an unnecessarily complex pleading of every causal combination.

Court Disposition

Leave granted to file the Amended Statement of Claim subject to the plaintiffs paying any costs thrown away by the amendment.

Orders

  • ["Grant leave to the plaintiffs to file a further amended statement of claim in accordance with the Court's order (2) made on 30 June 2023 with the plaintiff's final submissions dated 1 September 2023." 'Order the plaintiffs to pay any costs thrown away by the amendment.']