Corporate Documentation Management Pty Ltd v Kathy Bagshaw [2021] NSWSC 1719

Corporate Documentation Management Pty Ltd v Kathy Bagshaw [2021] NSWSC 1719

Leave granted to Plaintiff to file an Amended Statement of Claim, but not in current form; Plaintiff must provide explanation for discrepancy in amounts claimed and may need to amend further. Defendant’s arguments about embarrassment and inadequate particularisation largely rejected, except for unresolved discrepancy in pleaded amounts. Filing of amended pleading not precluded by alleged breach of expert agreement.

Jurisdiction
Australia
Judgment Date
19 October 2021
Procedural Posture
Civil Claim, Equity Jurisdiction / Interlocutory Application for Leave to Amend Statement of Claim
Outcome
Leave granted to amend Statement of Claim subject to provision of explanation for discrepancy; Plaintiff to serve further draft; matter relisted for directions.
Legal Topics
['pleadings' 'amendment' 'particularisation' 'breach of Fiduciary Duty']
['civil Procedure' 'equity'] ['pleadings' 'amendment' 'particularisation' 'breach of Fiduciary Duty']

Case Brief

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Procedural Posture

Civil Claim, Equity Jurisdiction / Interlocutory Application for Leave to Amend Statement of Claim

Legal Issues

  1. 1 ['Whether leave should be granted to amend the Statement of Claim' 'Whether proposed amended Statement of Claim is embarrassing or inadequately particularised' 'Whether filing the amended Statement of Claim breaches an agreement regarding the scope of a joint expert report']

Ratio Decidendi

Leave granted to Plaintiff to file an Amended Statement of Claim, but not in current form; Plaintiff must provide explanation for discrepancy in amounts claimed and may need to amend further. Defendant’s arguments about embarrassment and inadequate particularisation largely rejected, except for unresolved discrepancy in pleaded amounts. Filing of amended pleading not precluded by alleged breach of expert agreement.

Court Disposition

Leave granted to amend Statement of Claim subject to provision of explanation for discrepancy; Plaintiff to serve further draft; matter relisted for directions.

Orders

  • ['Plaintiff to provide explanation and any proposed Amended Statement of Claim by 4:00pm 8 Nov 2021.' 'Matter listed for directions 16 Nov 2021.' 'Costs reserved.']