Williamson v Elders Limited - [2017] NSWSC 667

Supreme Court

New South Wales

Medium Neutral Citation: Williamson v Elders Limited [2017] NSWSC 667
Hearing dates: 23 May 2017
Date of orders: 23 May 2017
Decision date: 23 May 2017
Jurisdiction: Common Law
Before: Beech-Jones J
Decision:
1. Pursuant to s 64(1)(b) of the Civil Procedure Act I grant leave to the plaintiff to file a third further amended statement of claim in the form attached at pages 12 to 24 of the annexures to the affidavit of Hugh Francis Arthur Williamson sworn 22 May 2017, except that:

(a)   Elders Limited (ACN 004 336 636) is to be removed as a party;
(b)   Elders Rural Services Australia Limited (ACN 004 045 121) is to be named as the sole defendant and any references to the second defendant are to be removed and changed to "the defendant" and any references to the first defendant are to be changed to "Elders Limited (ACN 004 336 636";
(c)   proposed paragraphs 25 and 26.4 are disallowed;
(d)   the references to paragraph 21 in existing paragraphs 26 and 27 are to be changed to paragraphs 23 and 24;
(e)   proposed paragraphs 40, 41, 42 and 44 are disallowed.

2.   Direct the plaintiff to file a third further amended statement of claim in conformity with Order 1 within 14 days.

3. Stand over to the trial the question as to whether the Court should, in respect of the amendments made by Order 1, otherwise order under s 65(3) of the Civil Procedure Act 2005.

4.   Otherwise dismiss the plaintiff's notice of motion filed 26 April 2017.

5.   To the extent necessary, that so much of the plaintiff's second further amended statement of claim as pleads a cause of action against Elders Limited (ACN 004 336 636) be struck out.

6.   Otherwise dismiss the notice of motion filed by Elders Limited ACN 004 336 636 on 26 April 2017.

7.   The plaintiff pay the costs of Elders Limited (ACN 004 336 636) and Elders Rural Services Australia Limited (ACN 004 045 121) of the plaintiff's notice of motion filed 26 April 2017 and the notice of motion filed by Elders Limited (ACN 004 336 636) on the same day.

8.   Order that the costs of Elders Limited (ACN 004 336 636) in the proceedings be the costs in the cause of Elders Rural Services Australia Limited (ACN 004 045 121).

9.   Otherwise reserve liberty to apply to Elders Limited (ACN 004 336 636) to apply for an order for its costs of the proceedings.

10.   The plaintiff is to serve all evidentiary statements, including any expert reports as well as any outline of the evidence it is anticipated that any witness will provide, by 20 June 2017.

11.   Elders Rural Services Australia Limited (ACN 004 045 121) is to file a Defence to the third further amended statement of claim within 14 days of receiving a filed third further amended statement of claim.

12.   Elders Rural Services Australia Limited (ACN 004 045 121) is to serve…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2017] NSWSC 667
Decision Date: 23 May 2017

CaseChat Overview and Summary

The case of Williamson v Elders Limited was heard in the Supreme Court of Victoria. The plaintiff, Williamson, sought to amend the statement of claim against the defendant, Elders Limited, to include a claim for exemplary damages based on fraud. The primary nature of the dispute involved the plaintiff's request for permission to alter the original statement of claim to include an allegation of fraud and the associated exemplary damages. The court had to determine whether the plaintiff's proposed amendments were permissible and whether they complied with the requirements for particularising claims of fraud.

The legal issues that the court addressed included whether the plaintiff was permitted to amend the statement of claim to include the claim for exemplary damages on the basis of fraud, and if the proposed particulars of the fraud were sufficiently detailed. The court examined whether the plaintiff had complied with the procedural requirements for amending pleadings and whether the particulars of the fraud were adequately detailed to allow the defendant to respond appropriately. Furthermore, the court assessed the necessity of particularising fraud claims, considering both the legal principles and the evidence presented.

The court ruled that the plaintiff's application to amend the statement of claim was refused. It was determined that the plaintiff had not sufficiently particularised the fraud claim, which is essential for such claims to be properly pursued. The court found that the particulars provided were not adequate to meet the legal standards for alleging fraud, thereby making it difficult for the defendant to prepare a proper defence. Consequently, the plaintiff's application to include a claim for exemplary damages based on fraud was dismissed, as the necessary detail and specificity required by law were not met.

Orders