Compaq Computer Australia Pty Ltd v Merry, Howard & Ors [1996] FCA 212

Compaq Computer Australia Pty Ltd v Merry, Howard & Ors [1996] FCA 212

Leave to amend is granted to the applicant to file and serve an amended statement of claim excluding paragraphs 17 to 21B, as those pleadings lack sufficient allegation of facts necessary to support causes of action under Corporations Law ss 232(4), 232(6), and 1324. The remaining amendments supply proper particularity and satisfy the applicant’s pleading obligations in accordance with prior orders.

Jurisdiction
Australia
Judgment Date
26 March 1996
Procedural Posture
Application for Leave to Amend Statement of Claim / Interlocutory (leave to Amend Pleadings)
Outcome
Leave to amend statement of claim granted in part
Legal Topics
['amendment of Pleadings' 'trusts' 'fiduciary Duties' 'directors’ Duties' 'trade Practices Act Claims' 's 1324 Corporations Law Damages']
['commercial Law' 'equity' 'corporations Law'] ['amendment of Pleadings' 'trusts' 'fiduciary Duties' 'directors’ Duties' 'trade Practices Act Claims' 's 1324 Corporations Law Damages']

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Procedural Posture

Application for Leave to Amend Statement of Claim / Interlocutory (leave to Amend Pleadings)

Legal Issues

  1. 1 ['Whether the applicant should be granted leave to amend the statement of claim as proposed in the February 1996 draft, including new causes of action based on Corporations Law ss 232(4), 232(6), and 1324, and whether the draft supplies sufficient particularity.']

Ratio Decidendi

Leave to amend is granted to the applicant to file and serve an amended statement of claim excluding paragraphs 17 to 21B, as those pleadings lack sufficient allegation of facts necessary to support causes of action under Corporations Law ss 232(4), 232(6), and 1324. The remaining amendments supply proper particularity and satisfy the applicant’s pleading obligations in accordance with prior orders.

Court Disposition

Leave to amend statement of claim granted in part

Orders

  • ['Applicant to have leave to file and serve within 7 days an amended statement of claim excluding paragraphs 17 to 21B and correcting typographical and drafting errors.' 'Applicant to pay respondents’ costs of the application to amend and any costs thrown away by the amendment.' 'Directions hearing adjourned to 2...