Century Insurance Ltd (in provisional liq) & Ors v The New Zealand Guardian Trust Ltd & Ors The New Zealand Guardian Trust Ltd & Anor v Gunson, David [1997] FCA 925

Century Insurance Ltd (in provisional liq) & Ors v The New Zealand Guardian Trust Ltd & Ors The New Zealand Guardian Trust Ltd & Anor v Gunson, David [1997] FCA 925

Pleadings for breach of warranty of authority that merely restate the negligent misrepresentation in different language are embarrassing and must be struck out, with leave to amend the cross claim to clarify any aspect not already addressed and to clarify the basis of indemnity or contribution claims.

Jurisdiction
Australia
Judgment Date
13 June 1997
Procedural Posture
Cross Claim (motion to Strike Out) / Interlocutory Judgment on Motion to Strike Out Parts of Cross Claim
Outcome
Application to strike out granted in part: paragraphs 27 to 29A of the Statement of Cross Claim struck out, with leave to amend.
Legal Topics
['pleadings' 'negligent Misrepresentation' 'breach of Warranty of Authority' 'breach of Trust' 'fiduciary Duty' 'indemnity' 'contribution']
['practice and Procedure' 'equity' 'trusts' 'torts'] ['pleadings' 'negligent Misrepresentation' 'breach of Warranty of Authority' 'breach of Trust' 'fiduciary Duty' 'indemnity' 'contribution']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Cross Claim (motion to Strike Out) / Interlocutory Judgment on Motion to Strike Out Parts of Cross Claim

Legal Issues

  1. 1 ['Whether the cross claim for breach of warranty of authority constitutes a separate cause of action from negligent misrepresentation' 'Whether the pleading of breach of warranty of authority is embarrassing and should be struck out' 'Clarification required for claims for indemnity and contribution against the Cross Respondent']

Ratio Decidendi

Pleadings for breach of warranty of authority that merely restate the negligent misrepresentation in different language are embarrassing and must be struck out, with leave to amend the cross claim to clarify any aspect not already addressed and to clarify the basis of indemnity or contribution claims.

Court Disposition

Application to strike out granted in part: paragraphs 27 to 29A of the Statement of Cross Claim struck out, with leave to amend.

Orders

  • ['Paragraphs 27 to 29A of the Statement of Cross Claim are struck out.' 'Leave to the Cross Claimants to amend their Statement of Cross Claim consequentially and in relation to the claim for indemnity and contribution.' 'Submissions on costs deferred to the next directions hearing.']