Re Elders Australia Ltd; Super John Pty Ltd & Ors v Futuris Rural Pty Ltd (No 2) [1997] FCA 1501

Re Elders Australia Ltd; Super John Pty Ltd & Ors v Futuris Rural Pty Ltd (No 2) [1997] FCA 1501

It cannot be said, as a matter of law, that the utilisation of section 701(6) of the Corporations Law can never amount to tortious abuse of process. The allegations of abuse of process and insider trading, though subject to factual dispute and possibly in need of clarification, are not so clearly untenable as to warrant striking out at this interlocutory stage.

Jurisdiction
Australia
Judgment Date
24 December 1997
Procedural Posture
Interlocutory Application / Motion to Strike Out Pleading and Dismiss Cross Claim
Outcome
Motion dismissed with costs
Legal Topics
['strike Out Application' 'abuse of Process' 'insider Trading' 'corporate Takeovers' 'minority Shareholder Protection']
['corporations' 'practice and Procedure'] ['strike Out Application' 'abuse of Process' 'insider Trading' 'corporate Takeovers' 'minority Shareholder Protection']

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Procedural Posture

Interlocutory Application / Motion to Strike Out Pleading and Dismiss Cross Claim

Legal Issues

  1. 1 ['Whether application to strike out portions of the defence and cross-claim for abuse of process and insider trading should be allowed' 'Whether utilisation of s 701(6) of the Corporations Law can amount to tortious abuse of process' 'Whether particulars of intention and acting in concert are capable of supporting abuse of process claims' 'Whether the cross-claim alleging insider trading discloses a reasonable cause of action']

Ratio Decidendi

It cannot be said, as a matter of law, that the utilisation of section 701(6) of the Corporations Law can never amount to tortious abuse of process. The allegations of abuse of process and insider trading, though subject to factual dispute and possibly in need of clarification, are not so clearly untenable as to warrant striking out at this interlocutory stage.

Court Disposition

Motion dismissed with costs

Orders

  • ['The notice of motion be dismissed with costs.']