Millinium Capital Managers Ltd v Soma Group Ltd (No.2) [2020] NSWSC 474

Millinium Capital Managers Ltd v Soma Group Ltd (No.2) [2020] NSWSC 474

The further particularisation supplied by the plaintiff, including details of the absence of Soma staff, the specific roles of the directors, and their alleged actual knowledge, cures the previous deficiency in pleading and justifies granting leave to amend the Commercial List Statement.

Jurisdiction
Australia
Judgment Date
30 April 2020
Procedural Posture
Commercial List Proceeding / Interlocutory Application for Leave to Amend Commercial List Statement
Outcome
Leave to amend Commercial List Statement granted. Costs of certain motions ordered to be defendants' costs in the cause. Motions otherwise dismissed. Matter stood over for directions.
Legal Topics
['amendment of Commercial List Statement' 'pleadings' 'particularisation of Claims']
['practice and Procedure' 'equity'] ['amendment of Commercial List Statement' 'pleadings' 'particularisation of Claims']

Case Brief

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Procedural Posture

Commercial List Proceeding / Interlocutory Application for Leave to Amend Commercial List Statement

Legal Issues

  1. 1 ['Whether leave should be granted to amend the Commercial List Statement' 'Whether further particularisation of allegations against directors is adequate to allege involvement in misleading or deceptive conduct']

Ratio Decidendi

The further particularisation supplied by the plaintiff, including details of the absence of Soma staff, the specific roles of the directors, and their alleged actual knowledge, cures the previous deficiency in pleading and justifies granting leave to amend the Commercial List Statement.

Court Disposition

Leave to amend Commercial List Statement granted. Costs of certain motions ordered to be defendants' costs in the cause. Motions otherwise dismissed. Matter stood over for directions.

Orders

  • ['Plaintiff granted leave to amend its Commercial List Statement in accordance with the document sent by email to the associate on 28 April 2020 and marked MFI-1.' "Costs of the defendants' Notice of Motion of 28 February 2020 and the plaintiff's Notice of Motion of 25 February 2020 be the defendants' costs in the...