These were further applications in the matter of Equititrust Limited v Tucker and Others. The defendants sought to summarily dismiss parts, or all, of the plaintiff’s claim, by striking out parts of the further amended statement of claim, without leave to replead, or for summary judgment. Applications were also made…
This decision related to the question of penalty in respect of the appellant. The appellant had succeeded in the primary appeal in setting aside declarations that he had breached duties as an “officer” of the relevant company, on the basis that he was not an officer at the time on…
This judgment concerned a number of applications to strike out the claim and statement of claim, and for security for costs, made by the various defendants. The Court struck out a substantial number of paragraphs of the statement of claim as being deficient, granting leave to replead. In the case…
The Australian Securities and Investments Commission (“ASIC”) brought a civil penalty case against MFS Investment Management Ltd (“MFSIM”) and various directors, officers and employees of the MFS Group of companies. The primary judge found that MFSIM, the responsible entity for the Premium Income Fund (“PIF”), caused payments of $130 million…
Whether the primary judge erred by applying a limitation period by analogy to the claim for equitable compensation. Damian Clothier QC appeared for the respondent, instructed by Barry Nilsson Lawyers.
