Hillier v Martin (No 18) [2023] FCA 894

Hillier v Martin (No 18) [2023] FCA 894

The application for dismissal, stay, or strike out was refused because the pleadings are clear and sufficiently particularised; legal professional privilege does not preclude respondents from pleading or preparing their case; further particulars were ordered for certain paragraphs; leave granted to applicant to amend pleadings as specified.

Jurisdiction
Australia
Judgment Date
02 August 2023
Procedural Posture
Interlocutory Application / Post Pleadings; Strike Out and Stay Application
Outcome
application dismissed except as regards amendments and provision of particulars ordered
Legal Topics
['strike Out Application' 'stay Application' 'joinder of Parties' 'legal Professional Privilege' 'pleadings' 'constructive Trust' 'conspiracy' 'knowing Assistance']
['practice and Procedure' 'commercial Law' 'corporations Law'] ['strike Out Application' 'stay Application' 'joinder of Parties' 'legal Professional Privilege' 'pleadings' 'constructive Trust' 'conspiracy' 'knowing Assistance']

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Procedural Posture

Interlocutory Application / Post Pleadings; Strike Out and Stay Application

Legal Issues

  1. 1 ['whether proceedings should be dismissed, stayed, or pleadings struck out as against fourth to sixth respondents' 'whether pleadings are clear, sufficiently particularised and not embarrassing or defective' 'application of legal professional privilege in context of former solicitors' 'adequacy of particulars for serious allegations such as fraud, knowing assistance, and conspiracy']

Ratio Decidendi

The application for dismissal, stay, or strike out was refused because the pleadings are clear and sufficiently particularised; legal professional privilege does not preclude respondents from pleading or preparing their case; further particulars were ordered for certain paragraphs; leave granted to applicant to amend pleadings as specified.

Court Disposition

application dismissed except as regards amendments and provision of particulars ordered

Orders

  • ['Applicant to provide particulars of paragraph 45 within 14 days' 'Leave granted to applicant to file and serve fifth amended statement of claim by 9 August 2023, incorporating particulars to paragraph 45, added words in 45A, amendments to 45F.2 and 45F.3 to 45F.9, and amendment to 72P as specified' "Fourth to...