Sutherland v GHR Accounting Group Pty Ltd [2019] NSWSC 295

Sutherland v GHR Accounting Group Pty Ltd [2019] NSWSC 295

The Court determined that due despatch and the adequacy of the pleadings, including reliance and causation, are matters requiring factual determination at trial, and thus the claim is not so hopeless as to warrant dismissal or summary judgment; leave granted for amendment and joinder of Quadratus Pty Limited as plaintiff.

Jurisdiction
Australia
Judgment Date
25 March 2019
Procedural Posture
Practice and Procedure / Ruling on Motion to Dismiss and Pleadings Amendment
Outcome
First defendant's notice of motion dismissed; leave to join Quadratus Pty Limited as second plaintiff; plaintiffs to file and serve amended statement of claim within 14 days; costs reserved.
Legal Topics
['negligence' 'summary Dismissal' 'duty of Care' 'causation' 'obvious Risk' 'reflective Loss']
['tort' 'practice and Procedure'] ['negligence' 'summary Dismissal' 'duty of Care' 'causation' 'obvious Risk' 'reflective Loss']

Case Brief

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Procedural Posture

Practice and Procedure / Ruling on Motion to Dismiss and Pleadings Amendment

Legal Issues

  1. 1 ['Whether proceedings should be dismissed for want of due despatch' 'Whether proceedings should be summarily dismissed for disclosing no reasonable cause of action' 'Whether actions are statute barred under the Limitation Act 1969 (NSW)' 'Duty of care in negligent advice' 'Obvious risk under Civil Liability Act 2002 (NSW)' 'Reflective loss for shareholders']

Ratio Decidendi

The Court determined that due despatch and the adequacy of the pleadings, including reliance and causation, are matters requiring factual determination at trial, and thus the claim is not so hopeless as to warrant dismissal or summary judgment; leave granted for amendment and joinder of Quadratus Pty Limited as plaintiff.

Court Disposition

First defendant's notice of motion dismissed; leave to join Quadratus Pty Limited as second plaintiff; plaintiffs to file and serve amended statement of claim within 14 days; costs reserved.

Orders

  • ["The first defendant's notice of motion filed 7 June 2017 is dismissed." 'Leave is granted to the plaintiff to join Quadratus Pty Limited as second plaintiff.' 'The plaintiffs are to file and serve the proposed second amended statement of claim within 14 days.' 'Costs are reserved.']