Hitchcock v Pratt Group Holdings Pty Ltd as trustee for the Pratt Family

[2024] NSWSC 1292

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Civil Procedure
2. › Pleadings
3. › Amendment
4. › Discussion of principles of pleading, particulars and amendment
1. Civil Procedure
2. › Pleadings
3. › Primary facts and inferences
4. › Discussion of requirements for pleading facts based on inferences from primary facts
5. › Approach adopted similar to that which is taken in cases of conspiracy, as in this case the Plaintiff’s pleading is advanced on the basis she has limited knowledge of the events the subject of her claim
1. Civil Procedure
2. › Pleadings
3. › Allegations of knowledge
4. › Whether particulars of knowledge necessary when actual knowledge is alleged
5. › On the basis that the Plaintiff’s case is expressly stated to be one of actual knowledge, and that such knowledge was held by the directors identified, held that the pleaded allegations of knowledge are sufficient
1. Equity
2. › Trusts and trustees
3. › Construction of trust deed
4. › Whether the Plaintiff’s new construction claim that she is a specified beneficiary, having regard to the definition in the trust deed, is arguable
5. › Discussion of meaning of “child” and “parent” in trust deed
6. › Held that proposed construction claim is arguable and leave given to plead it