Curve Securities Pty Ltd v Young [2022] NSWSC 1016

Curve Securities Pty Ltd v Young [2022] NSWSC 1016

The proposed Amended Commercial List Statement is deficient in its lack of particularity, failure to identify the confidential information said to be misused, and inadequacy in pleading the roles of Mr Young and Ord Minnett. As a result, leave to amend as proposed is refused but the plaintiff is given a final opportunity to deliver a further proposed amendment.

Parties
Plaintiff: Curve Securities Pty Ltd; First Defendant: Alexander Young; Second Defendant: Ord Minnett Limited
Jurisdiction
Australia
Judgment Date
28 July 2022
Procedural Posture
Commercial List Proceeding / Interlocutory Application on Pleadings (application to Amend Commercial List Statement and Strike Out)
Outcome
Plaintiff refused leave to amend Commercial List Statement as proposed; further opportunity to amend granted.
Legal Topics
Practice and Procedure, Pleadings, Confidential Information, Employment Restraints, Fiduciary Duties, Accessory Liability
Equity Commercial Law Practice and Procedure Pleadings Confidential Information Employment Restraints Fiduciary Duties Accessory Liability

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Parties

Curve Securities Pty Ltd

Plaintiff

Alexander Young

First Defendant

Ord Minnett Limited

Second Defendant

Procedural Posture

Commercial List Proceeding / Interlocutory Application on Pleadings (application to Amend Commercial List Statement and Strike Out)

Legal Issues

  1. 1 Whether plaintiff should have leave to amend its Commercial List Statement as proposed
  2. 2 Whether the List Statement should be struck out
  3. 3 Whether particulars of confidential information and pleaded breaches are sufficient

Ratio Decidendi

The proposed Amended Commercial List Statement is deficient in its lack of particularity, failure to identify the confidential information said to be misused, and inadequacy in pleading the roles of Mr Young and Ord Minnett. As a result, leave to amend as proposed is refused but the plaintiff is given a final opportunity to deliver a further proposed amendment.

Court Disposition

Plaintiff refused leave to amend Commercial List Statement as proposed; further opportunity to amend granted.

Orders

  • Leave to amend Commercial List Statement in accordance with the current proposal is refused.
  • Plaintiff to circulate any further proposed Amended Commercial List Statement by 5pm on 12 August 2022.