Nguyen v QTQ Mechanical Services Pty Ltd [2019] NSWSC 1629

Nguyen v QTQ Mechanical Services Pty Ltd [2019] NSWSC 1629

The statement of claim failed to disclose a tenable cause of action as it did not properly plead entitlement to profits, alleged misappropriation without necessary particularisation, and failed to meet legal requirements for derivative actions or claims of breach of duty. Accordingly, the pleading was struck out. However, given the plaintiff's self-represented status and inability to obtain legal advice, the court referred him for pro bono assistance and stood the matter over to allow for the referral process, ordering that the plaintiff pay the costs of the defendant's notice of motion.

Jurisdiction
Australia
Judgment Date
04 November 2019
Procedural Posture
Civil / Interlocutory (notice of Motion to Strike Out/dismiss Statement of Claim)
Outcome
Statement of claim struck out; pro bono referral; costs ordered against plaintiff; further notice of motion stood over
Legal Topics
['pleading Requirements' 'striking Out Statement of Claim' 'no Reasonable Cause of Action' 'shareholder Claims' 'derivative Actions' "directors' Duties" 'costs']
['civil Procedure' 'equity' 'company Law'] ['pleading Requirements' 'striking Out Statement of Claim' 'no Reasonable Cause of Action' 'shareholder Claims' 'derivative Actions' "directors' Duties" 'costs']

Case Brief

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Procedural Posture

Civil / Interlocutory (notice of Motion to Strike Out/dismiss Statement of Claim)

Legal Issues

  1. 1 ["Whether the plaintiff's statement of claim discloses a tenable cause of action" 'Whether the proceedings should be dismissed or the statement of claim should be struck out' 'Whether the plaintiff should be referred for pro bono legal assistance' 'Who should bear the costs of the notice of motion']

Ratio Decidendi

The statement of claim failed to disclose a tenable cause of action as it did not properly plead entitlement to profits, alleged misappropriation without necessary particularisation, and failed to meet legal requirements for derivative actions or claims of breach of duty. Accordingly, the pleading was struck out. However, given the plaintiff's self-represented status and inability to obtain legal advice, the court referred him for pro bono assistance and stood the matter over to allow for the referral process, ordering that the plaintiff pay the costs of the defendant's notice of motion.

Court Disposition

Statement of claim struck out; pro bono referral; costs ordered against plaintiff; further notice of motion stood over

Orders

  • ['Strike out the statement of claim filed 21 May 2019.' 'Refer the plaintiff to the Registrar for referral for pro bono assistance for a limited purpose pursuant to r 7.36 of the Uniform Civil Procedure Rules 2005 (NSW).' 'Stand the balance of the notice of motion over for a period of time in order for the referral...