15 Aug 2012
JULL V LITTLE & ORS COA CA704/2011
- Citation
- COA CA704/2011
- Court
- Court of Appeal
Rule 12.2(2) must be read as applying to each plaintiff's individual statement of claim so a defendant is entitled to judgment against any plaintiff whose pleaded causes of action cannot succeed; however, on the interpretation of s37(6) the Court declined to decide the novel issue on summary judgment because respondents should be permitted to amend pleadings and factual issues (including when a person 'occupies the position of a director' and the s37(6) proviso) require trial, so summary judgment was refused.