Emanuel Management Pty Ltd v Foster's Brewing Group Limited

Emanuel Management Pty Ltd sought to have a previous judgment obtained by Foster's Brewing Group Limited set aside on the grounds of fraud and collusion. The Supreme Court of Queensland was tasked with determining whether the plaintiffs' statement of claim was sufficient to warrant setting aside the judgment. The defendants sought to strike out the statement of claim, arguing that the plaintiffs had not provided precise and succinct particulars of the alleged fraud and collusion.

The court needed to determine whether the plaintiffs' statement of claim was sufficient to discharge the onus of establishing a reasonable probability that the fraud alleged would be proved at trial. Additionally, the court considered whether the Anshun principle precluded the plaintiffs from raising certain claims, whether the plaintiffs were estopped from setting aside the judgment because it had been relied upon in an earlier action by the liquidator, and whether the plaintiffs were required to undertake to restore the status quo position existing prior to the impugned transactions before the judgment could be set aside.

The court found that the plaintiffs' statement of claim was not sufficiently particularised and did not establish a reasonable probability of proving the fraud and collusion alleged. The court held that the plaintiffs needed to supply precise and succinct particulars of the alleged fraud and collusion. Furthermore, the court found that the Anshun principle did not preclude the plaintiffs from raising certain claims, and that the plaintiffs were not estopped from setting aside the judgment because it had been relied upon in an earlier action by the liquidator. However, the court held that the plaintiffs were required to undertake to restore the status quo position existing prior to the impugned transactions before the judgment could be set aside.

The application to strike out the statement of claim was dismissed.