Event and Time
Event Description
- Two pleading summonses were scheduled before the Court on 10 December 2020.
- The summonses were filed by different defendants:
- Fourth and fifth defendants (Crewes daughters) on 4 December 2020. - First, second, and sixth defendants (the Crewes parties) on 9 December 2020.
- The goal was to strike out the statement of claim under the Supreme Court (General Civil Procedure) Rules 2015 (Vic).
- A previous application for the removal of the receiver of Tomi-Sasha Holdings Pty Ltd (TSH) occurred on 4 September 2020, leading to published reasons on 16 September 2020.
Application and Claims
- The plaintiffs in this case are TSH and NTM Super Holdings Pty Ltd.
- They asserted that the PASOC (Proposed Amended Statement of Claim) included allegations about the validity of eight share transfers related to TSH's shares in Millennium Services Group Ltd.
- The specific claims revolve around share transfers made at an undervalue, particularly involving the Crewes daughters.
Judicial Decisions
- The judge accepted that the inferential reasoning about intent to injure was plausible based on the pleadings.
- The claims of conspiracy to injure by unlawful means were upheld, and the necessary elements were sufficiently pleaded.
- The pleading summonses from both sets of defendants were dismissed, allowing TSH to file the PASOC incorporating specified corrections and further particulars.
Dispute Points and Legal Basis
Dispute Points
Claims and Arguments from the Crewes Daughters
- Questioned the validity of the PASOC:
- Claimed there was insufficient articulation regarding their awareness of share encumbrances and specifics about alleged undervalue transfers. - Criticized the conspiracy allegations as lacking adequate particulars.