Imobilari Pty Ltd v Opes Prime Stockbroking Ltd [2008] FCA 1920 (17 December 2008) – summary judgment & strike outs & Barnes v Addy claims
December 21, 2008
The Opes Prime collapse is the gift that keeps on giving, litigation and judicial decision wise at least. Finkelstein J, the judge assigned to the proceeding, has handed down a number of decisions involving the initial insolvency and now the class action. Given the “no quarter” approach that seems to be taken by the parties at this early interlocutory stage more decisions are likely in the future, well before trial. This decision arose out of an application by the respondents to strike out the statement of claim or summarily dismiss the proceeding. Finkelstein J took the opportunity to review the general principles.
Strike out application (paragraphs 4 – 5, 8 & 10).
Features of a strike out application are: Read the rest of this entry »