Unconventional Conventions Pty Ltd v Accent Oz Pty Ltd [2004] NSWSC 1101

Unconventional Conventions Pty Ltd v Accent Oz Pty Ltd [2004] NSWSC 1101

The application must fail because the cross claim does not bring proceedings in the company's name as required by s 236(2) of the Corporations Act 2001 (Cth); the defect is fundamental and not correctable by minor amendments at this stage.

Jurisdiction
Australia
Judgment Date
17 November 2004
Procedural Posture
Equity Proceedings / Application to File Cross Claim Before Resumption of Trial
Outcome
Application to file cross claim refused
Legal Topics
['derivative Actions' 'joinder of Parties' 'pleading Requirements']
['corporations Law' 'civil Procedure'] ['derivative Actions' 'joinder of Parties' 'pleading Requirements']

Case Brief

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Procedural Posture

Equity Proceedings / Application to File Cross Claim Before Resumption of Trial

Legal Issues

  1. 1 ['Whether leave should be granted to the third defendant to file a cross claim on behalf of a company under the Corporations Act 2001 (Cth)' 'Whether the cross claim complies with statutory and pleading requirements for derivative actions']

Ratio Decidendi

The application must fail because the cross claim does not bring proceedings in the company's name as required by s 236(2) of the Corporations Act 2001 (Cth); the defect is fundamental and not correctable by minor amendments at this stage.

Court Disposition

Application to file cross claim refused

Orders

  • ['Leave to file the cross claim is refused' 'Third defendant to pay the costs of the plaintiff, first defendant, Mr Cunich, and Dr Cunich of the application']