3 Jun 2016
The interlocutory application to reinstate omitted allegations was properly timetabled and determined interlocutorily; resolving the limitation issue in advance was efficient and defendants did not raise the procedural alternative at the hearing, therefore plaintiffs were entitled to costs, which the court fixed at $6,578.50 to be paid jointly by the fourth and fifth defendants.
31 Mar 2010
The strikeout application is dismissed because the amended statement of claim materially alters Westpac's pleaded case by alleging the payment was made by Anzani 2002 (a party bound by the deeds of priority), Judge Hole did not finally determine who made the payment, and factual matrix issues relevant to interpretation of clauses 7.1 and 7.3 require investigation; accordingly further discovery is ordered and the matter proceeds to case management and trial.
31 Mar 2010
The strikeout application was dismissed because the amended statement of claim materially altered the pleaded case by alleging the payment was made by Anzani 2002 (a party bound by the deeds of priority), Judge Hole did not make a final finding on who made the payment, and factual matrix and discovery are required to determine whether clauses 7.1 and 7.3 were breached and a trust arose.
4 Feb 2008
Paragraphs 11.2 and 12.1 of the amended statement of claim are struck out because they improperly seek to set aside the amended assessments by attacking the Commissioner's reasons (raising matters akin to judicial review, legitimate expectation or consistency) which are irrelevant to the question whether the assessments correctly quantify tax liability; however, pleadings and discovery that rely on prior favourable private binding rulings and documents the Commissioner took into account in granting rulings are relevant and, to the extent sought, discoverable; discovery of documents underlying…