Terry Cross Financial Services v Michael Misiti & Ors [2008] NSWSC 1365

Terry Cross Financial Services v Michael Misiti & Ors [2008] NSWSC 1365

TCF’s claims against Unity are not so untenable as to warrant striking out prior to discovery and interrogatories; some heads of claim may lack independent substance or be defective, but plaintiff should be permitted an opportunity to replead with particulars following discovery.

Jurisdiction
Australia
Judgment Date
19 September 2008
Procedural Posture
Civil / Motion to Strike Out Causes of Action/preliminary Pleadings
Outcome
Unity's motion to strike out is refused. TCF is permitted opportunity to replead its case against Unity with particulars after discovery.
Legal Topics
['inducement of Breach of Contract' 'conspiracy' 'interference With Trade or Business' 'procurement of Civil Wrongs' 'corporations Law Contraventions']
['torts' 'corporate Law' 'employment Law'] ['inducement of Breach of Contract' 'conspiracy' 'interference With Trade or Business' 'procurement of Civil Wrongs' 'corporations Law Contraventions']

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Procedural Posture

Civil / Motion to Strike Out Causes of Action/preliminary Pleadings

Legal Issues

  1. 1 ["Whether Unity induced a breach of Misiti's employment contract with TCF." "Whether Unity committed a tort of interference with TCF's trade/business by unlawful means." 'Whether Unity and other defendants committed the tort of conspiracy against TCF.' 'Whether Unity procured Misiti or Smart Financial to commit civil wrongs against TCF.' 'Whether Unity was involved in contravention of sections 79, 911C, 182, and 183 of the Corporations Act 2001.']

Ratio Decidendi

TCF’s claims against Unity are not so untenable as to warrant striking out prior to discovery and interrogatories; some heads of claim may lack independent substance or be defective, but plaintiff should be permitted an opportunity to replead with particulars following discovery.

Court Disposition

Unity's motion to strike out is refused. TCF is permitted opportunity to replead its case against Unity with particulars after discovery.

Orders

  • ['Plaintiff is granted leave to replead its case against Unity.' 'No summary determination or striking out at this stage.']