| Sunlea Enterprises Pty Ltd as Trustee for Drummond Cove Unit Trust v Pollock [No 3] (WASC) - pleadings - strike out application - allegation of implication in breach of trust by participation with actual knowledge - application dismissed |
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| Dennis Wheelahan QC and Richard Douglas QC present on State of Queensland v Kelly [2014] QCA 27 |
| In this edition of Benchmark Television, Dennis Wheelahan QC and Richard Douglas QC discuss negligence litigation with particular reference to the Queensland Supreme Court of Appeal’s decision in Queensland v Kelly [2014] QCA 27. Mr Douglas acted as leading counsel for the respondent. |
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| Summaries With Link (Five Minute Read) |
Sunlea Enterprises Pty Ltd as Trustee for Drummond Cove Unit Trust v Pollock [No 3] [2015] WASC 330
Supreme Court of Western Australia
Allanson J
Pleadings - strike out application by first defendant - plea concerned challenged borrowings and payments - plaintiff sought to implicate first defendant in breach of trust by alleging he participated in it with actual knowledge - first defendant contended material facts pleaded did not provide proper basis for attributing 'an intimate knowledge of the source and limitations on Sandpiper's authority' to him as pleaded - O20 r 8 Rules of the Supreme Court 1971 (WA) - held: there was arguable case of knowledge pleaded - Court satisfied plea gave first defendant sufficient notice of case to be met and disclosed reasonable cause of action - application dismissed.
Sunlea
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