CIVIL LAW — application for summary dismissal by five of a multiplicity of defendants in proceedings arising out of collapse of ABC Learning Centres — plaintiffs underwrote the issue of $600 million worth of reset convertible notes — correct test for summary disposal — liability of company secretary/general counsel and non-executive directors for false and misleading representations — answers in management questionnaire completed in advance of notes issue — liability for Directors' Declaration made pursuant to Corporations Act — whether representations properly pleaded — whether representations of fact or opinion — implied representations arising from statements of opinion — whether conduct "in trade or commerce" — whether conduct "in relation to a financial product or service" — disjunctive pleading or reliance — whether amendments were brought within limitation period — application to amend statement of claim
Case Details
Citation[2014] NSWSC 1676
CourtNSWSC
JurisdictionNew South Wales
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