Coco v Ord Minnett Ltd

Case [2012] QSC 324


SUPREME COURT OF QUEENSLAND

CITATION:

Coco v Ord Minnett Ltd [2012] QSC 324

PARTIES:

SALVATORE COCO

(applicant/defendant)

v

ORD MINNETT LIMITED ACN 002 733 048

(respondent/plaintiff)

FILE NO/S:

BS4530/11

DIVISION:

Trial

PROCEEDING:

Application

DELIVERED ON:

26 October 2012

DELIVERED AT:

Brisbane

HEARING DATE:

10 October 2012

JUDGE:

Jackson J

ORDER:

DIRECT THE PLAINTIFF TO AMEND THE STATEMENT OF CLAIM IN ACCORDANCE WITH THESE REASONS ON OR BEFORE 15 NOVEMBER 2012

CATCHWORDS:

PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PROCEDURE UNDER UNIFORM CIVIL PROCEDURE RULES AND PREDECESSORS – PLEADING – STATEMENT OF CLAIM – where the applicant applies to strike out the fourth amended statement of claim pursuant to UCPR 171 – where the claim is for damages and statutory interest or the taking of accounts – where the causes of action pleaded by the statement of claim include breach of contract, breach of fiduciary obligation, negligent misrepresentation and misleading or deceptive conduct – where the pleading of misleading or deceptive conduct is incomplete – where the pleading does not identify the relevant statutory provision as required by UCPR 149(1)(e) – where the applicant conceded that the pleading required deletion of allegations of fraudulent conduct that the applicant no longer wished to pursue – where the pleading would be amended substantially as a consequence – where confusing language and other obvious errors in cross referencing would require amendment of the pleading – whether the defects are sufficient to warrant an order in the exercise of discretion that the whole pleading be struck out

Uniform Civil Procedure Rules 1999 (Qld), rr 5, 149(1)(e), 150(2), 154, 171

Ali v Hartley Poynton Limited (2002) Aust Torts Rep 81-665, cited

Banque Commerciale SA in liquidation v Akhil Holdings Pty Ltd (1990) 169 CLR 279, referred

Berndale Securities Limited v How Trading Pty Ltd [2010] VSC 216, cited

Bruce v Odhams Press Ltd [1936] 1 KB 697, referred

Davy v Garrett (1878) 7 Ch D 473; Turner v Bulletin Newspaper Co Pty Ltd   (1974) 131 CLR, cited

Daly v Sydney Stock Exchange Ltd (1985-1986) 160 CLR 371, cited

Forrest v Australian Securities and Investment Commission [2012] HCA 39, cited

Fortescue Metals Group Ltd v Australian Securities and Investment Commission [2012] HCA 39, referred

General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125, referred

Giann and Giann Pty Ltd; ex parte ASIC [2005] FCA 81, cited

Hanly v Securities and Exchange Commission 415F 2d 589, cited

Madden v Kirkegard Ellwood & Partners [1975] Qd R 363, referred

Magill v Magill (2006) 81 ALJR 254, cited

Quadrant Constructions Pty Ltd (in liq) v Morgan Stanley Smith Barney Australia Pty Ltd [2011] VSC 164, cited

Re Campbell and Australian Securities and Investments Commission (2001) 37 ACSR 238, cited

Rogers v Whittaker (1992) 175 CLR 479, cited

Seymour v Ockwell [2005] EWHC 1137, cited

Story v NCSC (1988) 13 NSWLR 661, cited

Turner v Bulletin Newspaper Co Pty Ltd   (1974) 131 CLR…

Continue reading Coco v Ord Minnett Ltd

Sign in free to access the full text

Details
AGLC
Coco v Ord Minnett Ltd [2012] QSC 324
Case
[2012] QSC 324
Decision Date

CaseChat Overview and Summary

The case of Coco v Ord Minnett Ltd was heard in the Supreme Court of Queensland, where the plaintiff sought damages and statutory interest or the taking of accounts. The defendant, Ord Minnett Ltd, applied to strike out the fourth amended statement of claim under UCPR 171, citing several defects in the pleading. The plaintiff's statement of claim included causes of action for breach of contract, breach of fiduciary obligation, negligent misrepresentation, and misleading or deceptive conduct. However, the pleading of misleading or deceptive conduct was found to be incomplete, failing to identify the relevant statutory provision as required by UCPR 149(1)(e). Additionally, the plaintiff conceded that allegations of fraudulent conduct, which the defendant no longer wished to pursue, should be deleted from the pleading.

The court considered whether the defects in the pleading were sufficient to warrant the exercise of discretion to strike out the whole pleading. The court noted that the pleading would need to be amended substantially, not only to remove the allegations of fraudulent conduct but also to correct confusing language and other errors in cross-referencing. The court held that the defects were not so severe as to warrant striking out the whole pleading but required the plaintiff to amend the statement of claim in accordance with the reasons provided. The plaintiff was directed to amend the statement of claim on or before 15 November 2012.

In summary, the court found that while the pleading contained significant defects, these were not so severe as to justify striking out the whole pleading. Instead, the court required the plaintiff to amend the statement of claim to address the identified deficiencies and to ensure that it complied with the relevant procedural rules. The court's decision provided clear directions for the plaintiff to rectify the issues and proceed with the litigation in a manner that met the necessary legal standards.

Orders

Orders of the court

DIRECT THE PLAINTIFF TO AMEND THE STATEMENT OF CLAIM IN ACCORDANCE WITH THESE REASONS ON OR BEFORE 15 NOVEMBER 2012

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.