Oswal, in the matter of Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) v Carson, McEvoy and Theobald (Receivers and Managers) (No 2) [2012] FCA 794

Oswal, in the matter of Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) v Carson, McEvoy and Theobald (Receivers and Managers) (No 2) [2012] FCA 794

The Court refused the amendment to include proposed ground (a) as there was no reasonable prospect the Court would order an inquiry in such general terms, but allowed amendments to include ground (b) (by consent) and ground (h) as amended to meet the defendants' specificity objection.

Jurisdiction
Australia
Judgment Date
04 April 2012
Procedural Posture
Interlocutory Application / Application to Amend Originating Process
Outcome
Amendments allowed in part
Legal Topics
['receivers and Managers' 'amendment of Pleadings' 'inquiry Under S 423']
['corporations Law'] ['receivers and Managers' 'amendment of Pleadings' 'inquiry Under S 423']

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Procedural Posture

Interlocutory Application / Application to Amend Originating Process

Legal Issues

  1. 1 ['Whether the plaintiff should be granted leave to amend the originating application to include further complaints against the receivers and managers under s 423 of the Corporations Act 2001 (Cth)']

Ratio Decidendi

The Court refused the amendment to include proposed ground (a) as there was no reasonable prospect the Court would order an inquiry in such general terms, but allowed amendments to include ground (b) (by consent) and ground (h) as amended to meet the defendants' specificity objection.

Court Disposition

Amendments allowed in part

Orders

  • ['The plaintiff is granted leave to re-amend the originating process subject to deletion of proposed ground (a) and amendment to proposed ground (h) as specified.' 'The directions hearing is adjourned to 11.30 am on 26 April 2012.' 'The matter is to be listed for hearing for 2 days, commencing at 10.15 am on 31 July...