12 Jun 1986
NUGAN HAND (HONG KONG) LIMITED v. SPEAKMAN AND COMPANY
- Citation
- NUGAN HAND (HONG KONG) LIMITED v. SPEAKMAN AND COMPANY
- Court
- Court of Appeal
- Case number
- CACV36/1986
The appeal was allowed in part: the Court struck out paragraph 16 and the claim for A$2,702,776.39 in paragraph 23(1) because that limb of the pleading (alleging failure to satisfy that Nugan Hand were proper custodians) was obscure, failed to plead the auditors' pleaded duty or breach intelligibly and could not be reformulated given concessions limiting claims to auditors' capacity; the remaining audit-based claims (failure to detect insolvency in the 1978 audit and failure to qualify the 1978 accounts) raised triable issues and were not struck out; costs ordered nisi for defendants below an…