Quigley v Lunchalot Club Pty Ltd [2014] FCA 1025

Quigley v Lunchalot Club Pty Ltd [2014] FCA 1025

The second respondent does not require leave to file the cross-claim as it was served before affidavit evidence was filed; any deficiencies in pleading or risk of reflective loss do not preclude filing but may be the subject of later amendment or argument at trial. The opposition arguments do not justify preventing filing of the cross-claim at this stage.

Jurisdiction
Australia
Judgment Date
23 September 2014
Procedural Posture
Interlocutory Application / Application for Leave to File Cross Claim
Outcome
Leave granted (insofar as required) to file cross-claim; costs in the cause.
Legal Topics
['cross Claims' 'shareholder Claims' 'derivative and Reflective Loss' 'implied Contractual Terms']
['civil Procedure' 'corporations Law'] ['cross Claims' 'shareholder Claims' 'derivative and Reflective Loss' 'implied Contractual Terms']

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Procedural Posture

Interlocutory Application / Application for Leave to File Cross Claim

Legal Issues

  1. 1 ['Whether the second respondent requires leave to file a cross-claim under r 15.04(b) of the Federal Court Rules 2011' 'Whether proposed damages in the cross-claim are reflective of corporate loss and thus non-recoverable by a shareholder' 'Adequacy of pleadings regarding implied terms and breaches']

Ratio Decidendi

The second respondent does not require leave to file the cross-claim as it was served before affidavit evidence was filed; any deficiencies in pleading or risk of reflective loss do not preclude filing but may be the subject of later amendment or argument at trial. The opposition arguments do not justify preventing filing of the cross-claim at this stage.

Court Disposition

Leave granted (insofar as required) to file cross-claim; costs in the cause.

Orders

  • ["Insofar as leave is required, the second respondent have leave to file a Notice of Cross-Claim and a Statement of Cross-Claim in the forms annexed 'RT-14' to the affidavit sworn 11 August 2014." 'Costs of the application be costs in the cause.']