11 Sept 2013
The court refused the proposed amendments that would introduce an implied-term based claim for delivery up of shares and proprietary rights because those claims would be time-barred given the shares were sold in 2000; accordingly prayers (A) and (C) were struck out while other amendments were permitted.
11 Sept 2013
The proposed amendments would introduce a contractual cause of action based on an implied term that was not pleaded at the time of filing and which, on the facts, would revive claims arising from sales in 2000 and thus be time-barred; the court therefore refused to exercise its discretion to allow those aspects of the amendment and struck out prayers (A) and (C) while permitting other amendments.
11 Apr 1997
The defendants produced credible evidence (share deposits and a $13,000,000 advance recorded by the bank) that made their assertion that a loan was raised believable under the O.14 threshold; therefore the appeal seeking rescission of the conditional leave was dismissed and the conditional order requiring payment into court was upheld with a short extension of time.