Hexiva Pty Ltd v Lederer [2006] NSWSC 318

Hexiva Pty Ltd v Lederer [2006] NSWSC 318

Leave granted for certain amendments to cross-claims and defensive pleadings as the claims are sufficiently pleaded and viable, denial of prejudice due to death since claims could be brought in fresh proceedings; separate determination of liability ordered before quantum to enable proper and informed election between remedies; discovery obligations enforced subject to relevance; strike-out application against fraud allegations in reply dismissed.

Jurisdiction
Australia
Judgment Date
23 March 2006
Procedural Posture
Equity Partnership Dispute / Interlocutory Motions Before Trial
Outcome
Interlocutory motions resolved – leave granted for most amendments, strike out dismissed, discovery and production orders made, separate questions ordered, costs allocated to respective motions.
Legal Topics
['amendment of Pleadings' 'limitation Period' 'fraudulent Concealment' 'discovery' 'separation of Liability and Quantum Hearings' 'fiduciary Duty' 'equitable Compensation' 'account of Profits']
['equity' 'civil Procedure' 'partnership'] ['amendment of Pleadings' 'limitation Period' 'fraudulent Concealment' 'discovery' 'separation of Liability and Quantum Hearings' 'fiduciary Duty' 'equitable Compensation' 'account of Profits']

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Procedural Posture

Equity Partnership Dispute / Interlocutory Motions Before Trial

Legal Issues

  1. 1 ['Whether leave should be granted to amend pleadings, including cross-claims and replies' 'Whether limitation defences can be raised at this stage' 'Whether allegations of fraud can be pleaded in reply after death of alleged fraudster' 'Whether discovery obligations have been satisfied and notices to produce should be set aside' 'Whether liability and quantum should be determined separately']

Ratio Decidendi

Leave granted for certain amendments to cross-claims and defensive pleadings as the claims are sufficiently pleaded and viable, denial of prejudice due to death since claims could be brought in fresh proceedings; separate determination of liability ordered before quantum to enable proper and informed election between remedies; discovery obligations enforced subject to relevance; strike-out application against fraud allegations in reply dismissed.

Court Disposition

Interlocutory motions resolved – leave granted for most amendments, strike out dismissed, discovery and production orders made, separate questions ordered, costs allocated to respective motions.

Orders

  • ['Order for substitution of executors for deceased party as cross-defendant.' 'Order granting leave to second defendant to file amended cross-claim, with deletion of certain paragraphs and claim for relief.' 'Order granting leave to first defendant to file amended defence, including limitation defence.' "Order...