Green v Wilden Pty Ltd

The Supreme Court of Western Australia heard applications in consolidated proceedings involving multiple plaintiffs and defendants. The plaintiffs, including individuals and companies, sought redress for alleged breaches of trust and other claims related to the management of unit trusts. The defendants, including companies and individuals, applied to strike out the plaintiffs' claims and sought amendments to their pleadings. The central issue was whether the plaintiffs' claims disclosed a cause of action, whether the pleadings were adequately particularised, and whether the proceedings should be dismissed for abuse of process or want of prosecution. The court found that the applications to strike out the claims were misconceived and untimely, given the history of the proceedings and the prior decisions on similar issues. The court held that many of the issues raised were factual and required trial, and that the defendants' reliance on clauses in the trust deeds to avoid liability was arguable but not determinative at the pleading stage. The court also found that some of the plaintiffs' pleadings needed improvement, particularly regarding particulars of knowledge, fraud, and dishonesty, and granted leave to amend subject to further particulars being provided if necessary. The court dismissed the applications to strike out and ordered that the action proceed to trial, with directions to facilitate this outcome.