Young Investments Group Pty Ltd v Stripe Capital Pty Ltd

REASONS FOR JUDGMENT 1 I made orders in this matter on 28 March 2013 with ex tempore reasons. These are my slightly edited reasons which do not affect the substance of oral reasons. I have considered the relevant content of the substituted statement of claim filed on 19 July 2012 in light of the orders sought under Order 1 in the interlocutory application dated 25 March 2013. The condition set out in r 5.23(2)(c) of the Federal Court Rules 2011 (Cth), that the Court be satisfied that the applicant is entitled to the relief claimed in the statement of claim, does not require proof by way of evidence of the applicants' claim: Yeo v Damos Earthmoving Pty Ltd, in the matter of Beachwood Developments Pty Ltd (in liq) [2011] FCA 1129. 2 As was stated by Conti J in Macquarie Bank Ltd v Seagle (2005) 146 FCR 400 at [24], discussing O35A, r 3(2)(c) of the Federal Court Rules 1979 (Cth), an applicant will appear to be entitled to the relief sought in the statement of claim if each element of the relevant civil wrong is properly and discretely pleaded. I am satisfied that such is this case. The substituted statement of claim is pleaded at length in relation to the underlying facts in support of the relief sought, and the quantum of the relief is the subject of very detailed particulars in relation to the asserted trading losses and the loss and damage said to have been suffered. 3 For these reasons I am satisfied that judgment should be entered in terms of Orders 1 and 3 of the application. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Gilmour.