› Application to strike out amended points of claim
› Whether lack of particularity in pleadings justifies order striking out amended points of claim
› Held that pleading pleads material facts, discloses arguable cause of action and makes clear to the defendant the case the defendant has to meet
› Application dismissed.
Procedure
› Application for stay of proceedings until certain other persons added as necessary parties
› Whether all voting members of council must be joined in accordance with principle that all trustees are necessary parties in suit complaining of breach of trust
› Held that where liability of voting member depends upon his or her individual intention or knowledge it would be inappropriate to join all voting members regardless of their intention
› Application dismissed.
Case Details
Citation[2007] NSWSC 683
CourtNSWSC
JurisdictionNew South Wales
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