Brando Aus Holdo Pty Ltd v Gary Shayne as representative of the persons identified in Schedule 1

[2021] NSWSC 998

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. CIVIL PROCEDURE — purchaser of shares sues persons who negotiated the deal on behalf of 71 sellers — representative order sought under ss 56, 57, 58 Civil Procedure Act — principles and case law review at [45]-[61] — claim is for damages — allegation of fraud, wilful deceit or wilful concealment — claim depends on acts and knowledge of each seller — no substantial common issue — representative order refused.
1. JOINDER — order sought under s 65(2)(b) Civil Procedure Act to correct a mistake — principles and case law review at [68]-[83] — plaintiff always intended to sue sellers — plaintiff mistakenly believed defendant could be sued as representative for sellers — mistake as to practice and procedure rather than substantive legal error — mistake obvious and quickly remedied.