Metalsistem Australia Storage and Display Solutions Pty Ltd v Kirk [2017] FCA 1259

Metalsistem Australia Storage and Display Solutions Pty Ltd v Kirk [2017] FCA 1259

The application for summary judgment was refused because it was arguable that the general release in the settlement deed was not intended to extend to the present claim, given the company’s lack of knowledge of the respondent’s continued bank access at the time of settlement; the statutory claim under s 183 was not fatally deficient as pleaded but particulars were inadequate, warranting that part of the pleading be struck out with leave to replead.

Jurisdiction
Australia
Judgment Date
26 October 2017
Procedural Posture
Application for Summary Judgment and Strike Out / Interlocutory
Outcome
Summary judgment application dismissed; paragraph 10 of statement of claim struck out with leave to replead; no order as to costs subject to liberty to apply.
Legal Topics
['summary Judgment' 'construction of Settlement Deed' 'release' 'breach of Trust and Confidence' 'breach of S 183 Corporations Act 2001 (cth)' 'strike Out Application']
['practice and Procedure' 'corporations Law' 'contract Law'] ['summary Judgment' 'construction of Settlement Deed' 'release' 'breach of Trust and Confidence' 'breach of S 183 Corporations Act 2001 (cth)' 'strike Out Application']

Case Brief

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Procedural Posture

Application for Summary Judgment and Strike Out / Interlocutory

Legal Issues

  1. 1 ['Whether a general release in a settlement deed barred current proceedings for breach of trust/confidence and breach of s 183 of the Corporations Act 2001 (Cth)' 'Whether summary judgment should be granted on basis of the release' 'Whether the pleading of the statutory claim under s 183 was adequate and disclosed a reasonable cause of action']

Ratio Decidendi

The application for summary judgment was refused because it was arguable that the general release in the settlement deed was not intended to extend to the present claim, given the company’s lack of knowledge of the respondent’s continued bank access at the time of settlement; the statutory claim under s 183 was not fatally deficient as pleaded but particulars were inadequate, warranting that part of the pleading be struck out with leave to replead.

Court Disposition

Summary judgment application dismissed; paragraph 10 of statement of claim struck out with leave to replead; no order as to costs subject to liberty to apply.

Orders

  • ["The Respondent's application for summary judgment be dismissed." "Paragraph 10 of the Applicant's statement of claim be struck out, with leave to replead and file an amended statement of claim." 'Subject to order 4, there be no orders as to costs.' 'Liberty to the parties to apply within 5 days to set aside or...