Coco v Ord Minnett Ltd

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.