David Ballard v Multiplex Limited [2008] NSWSC 1019

David Ballard v Multiplex Limited [2008] NSWSC 1019

Leave to amend the statement of contentions is refused because the material facts alleged do not safely or adequately notify the defendants of the case to be made against them, especially as to the width of the alleged conspiracy and claims for damages. Claims for damages reflecting loss suffered by the company (reflective loss) or for injury to reputation are not recoverable by the plaintiff in these proceedings; claims for psychiatric injury must be properly particularised. Plaintiff is permitted a further, final opportunity to apply for leave to amend with more precise formulation.

Jurisdiction
Australia
Judgment Date
03 October 2008
Procedural Posture
Interlocutory Application / Application for Leave to Amend Statement of Contentions
Outcome
Application for leave to amend dismissed with costs, leave granted to file a further application within a limited time, defendants' notices of motion stood over.
Legal Topics
['statement of Contentions' 'conspiracy' 'damages' 'company Law—reflective Loss' 'industrial Relations' 'interference With Business' 'intimidation' 'limitation Period']
['civil Procedure' 'tort Law' 'employment Law' 'equity'] ['statement of Contentions' 'conspiracy' 'damages' 'company Law—reflective Loss' 'industrial Relations' 'interference With Business' 'intimidation' 'limitation Period']

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Procedural Posture

Interlocutory Application / Application for Leave to Amend Statement of Contentions

Legal Issues

  1. 1 ["Whether the plaintiff's statement of contentions is adequate and gives notice sufficient to the defendants of the case to be met" 'Whether the damages claimed are recoverable by a shareholder or director (Prudential principle)' 'Whether damages can be claimed for conspiracy for loss of reputation and psychiatric injury' 'Adequacy and formulation of claims for intimidation and interference with business']

Ratio Decidendi

Leave to amend the statement of contentions is refused because the material facts alleged do not safely or adequately notify the defendants of the case to be made against them, especially as to the width of the alleged conspiracy and claims for damages. Claims for damages reflecting loss suffered by the company (reflective loss) or for injury to reputation are not recoverable by the plaintiff in these proceedings; claims for psychiatric injury must be properly particularised. Plaintiff is permitted a further, final opportunity to apply for leave to amend with more precise formulation.

Court Disposition

Application for leave to amend dismissed with costs, leave granted to file a further application within a limited time, defendants' notices of motion stood over.

Orders

  • ["Dismiss the plaintiff's notice of motion filed in court on 16 April 2008." "Plaintiff to pay all the defendants' costs, subject to order 3." 'Any party seeking to discharge or vary order 2 to notify other parties by 17 October 2008.' 'Plaintiff granted leave to file a further notice of motion seeking leave to...