Peninsula Business Services Group Limited v Edward Mallett; Peninsula Business Services Group Limited v Steven John Nicholson [2024] NSWSC 1568

Peninsula Business Services Group Limited v Edward Mallett; Peninsula Business Services Group Limited v Steven John Nicholson [2024] NSWSC 1568

The proposed amendments to the commercial list statements in both proceedings meet the essential requirements for adequate pleadings by providing sufficient particulars of breach and loss to put defendants on notice of the case to answer, without needing to identify specific lost clients at this stage, especially as relevant information is in the hands of the defendants. Leave to amend is granted.

Parties
Plaintiff: Peninsula Business Services Group Ltd; First Defendant (in 2024/00283994) and Second Defendant (in 2024/00322300): Edward Mallett; Second Defendant (in 2024/00283994) and Third Defendant (in 2024/00322300): Retinue Accounting Pty Ltd; First Defendant (in 2024/00322300): Steven John Nicholson
Jurisdiction
Australia
Judgment Date
05 December 2024
Procedural Posture
Application for Leave to Amend Commercial List Statement / Interlocutory, Application to Amend Pleadings
Outcome
Leave to amend granted
Legal Topics
Pleadings, Amendment of Pleadings, Restrictive Covenants, Breach of Contract, Fiduciary Duties
Civil Procedure Commercial Law Pleadings Amendment of Pleadings Restrictive Covenants Breach of Contract Fiduciary Duties

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Parties

Peninsula Business Services Group Ltd

Plaintiff

Edward Mallett

First Defendant (in 2024/00283994) and Second Defendant (in 2024/00322300)

Retinue Accounting Pty Ltd

Second Defendant (in 2024/00283994) and Third Defendant (in 2024/00322300)

Steven John Nicholson

First Defendant (in 2024/00322300)

Procedural Posture

Application for Leave to Amend Commercial List Statement / Interlocutory, Application to Amend Pleadings

Legal Issues

  1. 1 Whether leave should be granted to plaintiffs to amend their respective commercial list statements
  2. 2 Whether the proposed amendments sufficiently plead breach and loss
  3. 3 Whether defendants are on adequate notice of the cases they have to meet

Ratio Decidendi

The proposed amendments to the commercial list statements in both proceedings meet the essential requirements for adequate pleadings by providing sufficient particulars of breach and loss to put defendants on notice of the case to answer, without needing to identify specific lost clients at this stage, especially as relevant information is in the hands of the defendants. Leave to amend is granted.

Court Disposition

Leave to amend granted

Orders

  • In both proceedings, plaintiffs are granted leave to amend their commercial list statements as per the motions filed, with the addition of the word 'payments' in the specified paragraphs, to be filed by 2 December 2024.
  • Plaintiffs to pay costs thrown away by reason of the amendments; costs of the motions to be plaintiffs' costs in the cause.