Fodare Pty Ltd v Shearn [2009] NSWSC 1125

Fodare Pty Ltd v Shearn [2009] NSWSC 1125

The defendants did not establish that the proceedings were objectionable under rule 13.4, either procedurally or substantively; liquidator's actions showed proper initiation and the causes of action appear viable.

Parties
Plaintiff: Fodare Pty Limited; First Defendant: Doris Emily Elizabeth Shearn; Second Defendant: Kathleen Anne Hirtzell
Jurisdiction
Australia
Judgment Date
15 October 2009
Procedural Posture
Corporations Proceeding / Interlocutory Application for Summary Disposal
Outcome
Application for summary dismissal refused. Procedural orders made for pleadings.
Legal Topics
Summary Disposal, Director's Duties, Trust Property, Knowing Receipt, Pleadings Procedure
Corporations Law Civil Procedure Summary Disposal Director's Duties Trust Property Knowing Receipt Pleadings Procedure

Case Brief

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Parties

Fodare Pty Limited

Plaintiff

Doris Emily Elizabeth Shearn

First Defendant

Kathleen Anne Hirtzell

Second Defendant

Procedural Posture

Corporations Proceeding / Interlocutory Application for Summary Disposal

Legal Issues

  1. 1 Whether the proceedings should be summarily dismissed under rule 13.4 of the Uniform Civil Procedure Rules 2005
  2. 2 Whether pleadings in the form of a statement of claim annexed to the originating process should be permitted
  3. 3 Whether the plaintiff's liquidator had properly authorised commencement of the proceedings

Ratio Decidendi

The defendants did not establish that the proceedings were objectionable under rule 13.4, either procedurally or substantively; liquidator's actions showed proper initiation and the causes of action appear viable.

Court Disposition

Application for summary dismissal refused. Procedural orders made for pleadings.

Orders

  • Application for summary dismissal under rule 13.4 dismissed.
  • So much of the originating process as consists of the annexed statement of claim, and the words 'and statement of claim' in the introductory paragraph, be struck out.