Amirbeaggi & Ors v Business In Focus (Aust) Pty Limited & Ors [2010] NSWSC 35

Amirbeaggi & Ors v Business In Focus (Aust) Pty Limited & Ors [2010] NSWSC 35

Leave is granted to file the second further amended cross claim excluding Mr Wellard’s claim regarding the Queensland proceedings, as the relevant claims may arguably succeed and are sufficiently pleaded to require trial. The claim against the firm regarding the Queensland proceedings is not bound to fail, causation issues remain triable, and pleading based on conduct after an invalid Deed is not inconsistent or an abuse of process. The cross claim is sufficiently particularised for the purpose of pleading; further evidence on causation and damages can be provided later. However, the cross claim is struck out as it concerns Mr Wellard’s claim for loss arising from the Queensland...

Jurisdiction
Australia
Judgment Date
05 February 2010
Procedural Posture
Civil / Interlocutory Application Application to File Further Amended Cross Claim and Strike Out Cross Claim
Outcome
Leave to file second further amended cross claim (excluding Mr Wellard’s claim in relation to the Queensland proceedings) granted; parties directed to bring in short minutes of order; liberty to apply granted;
Legal Topics
['joint Venture Disputes' 'solicitor’s Lien' 'cross Claim Procedure' 'costs Assessment' 'statutory Demand' 'wrongful Detention of Documents' 'conflict of Interest' 'discovery/disclosure' 'misleading Conduct' 'waiver' 'trade Practices']
['equity' 'civil Procedure' 'legal Profession'] ['joint Venture Disputes' 'solicitor’s Lien' 'cross Claim Procedure' 'costs Assessment' 'statutory Demand' 'wrongful Detention of Documents' 'conflict of Interest' 'discovery/disclosure' 'misleading Conduct' 'waiver' 'trade Practices']

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Procedural Posture

Civil / Interlocutory Application Application to File Further Amended Cross Claim and Strike Out Cross Claim

Legal Issues

  1. 1 ["Whether leave should be granted to file a second further amended cross claim excluding Mr Wellard's damages claim relating to Queensland proceedings" 'Whether the final cross claim should be struck out as incompetent or bound to fail' 'Whether the conduct of the former solicitor (the firm) caused loss to the clients in Queensland proceedings by wrongful lien and document detention' 'Whether claims based on a Deed held void are inconsistent or constitute an abuse of process' 'Whether the cross claim is sufficiently particularised']

Ratio Decidendi

Leave is granted to file the second further amended cross claim excluding Mr Wellard’s claim regarding the Queensland proceedings, as the relevant claims may arguably succeed and are sufficiently pleaded to require trial. The claim against the firm regarding the Queensland proceedings is not bound to fail, causation issues remain triable, and pleading based on conduct after an invalid Deed is not inconsistent or an abuse of process. The cross claim is sufficiently particularised for the purpose of pleading; further evidence on causation and damages can be provided later. However, the cross claim is struck out as it concerns Mr Wellard’s claim for loss arising from the Queensland...

Court Disposition

Leave to file second further amended cross claim (excluding Mr Wellard’s claim in relation to the Queensland proceedings) granted; parties directed to bring in short minutes of order; liberty to apply granted;

Orders

  • ['Leave is granted to file a cross claim in the form of the second further amended cross claim but excluding any claim by Mr Wellard in relation to the Queensland proceedings.' 'Parties are directed to bring in short minutes of order within seven days to give effect to these reasons.' 'Liberty to apply is granted.']