Statement of Claim per the facts. I need help identifying the causes of action a
Statement of Claim per the facts. I need help identifying the causes of action and the defendants. It MUST comply with Uniform Civil Procedure Rules 2005 (NSW) and include facts only – no evidence. It must address all facts relevant. I am also having trouble with including particulars in the statement of claim – how to write this and a statement of claim is set out in Uniform Civil Procedure Rules 2005 (NSW).
THIS IS WHAT I HAVE SO FAR – I AM NOT SURE IF IT IS RIGHT. PLEASE CHECK PER THE ATTACHED FILE OF FACTS. PARTIES
1. The Plaintiff (Fortitude Petroleum Distributors):
a) Is a company duly incorporated under the laws of New South Wales, Australia, and at all material times is and was capable of suing and being sued in its corporate name and style.
b) Operates its principal place of business located at 1110 George Street, Sydney, NSW, 2000.
2. The First Defendant (KATO Petroleum):
a. Is a company duly incorporated under the laws of New South Wales, Australia, and at all material times is and was capable of suing and being sued in its corporate name and style.
b. Operates its principal place of business located at 16A Military Road, Mosman, New South Wales, 2088.
3. The Second Defendant (Owen Baxter):
a. Was the Managing Director of Fortitude Petroleum Distributors, employed under a service agreement dated 30 March 2019, with the term of employment commencing on 1 April 2019;
b. At all material times, was vested with the duty and authority to manage Fortitude′s operations, including credit control and decisions related to extending credit to customers such as KATO Petroleum.
4. The Third Defendant (Mr. M Butler) at all material times, was a director of KATO Petroleum, vested with the duty and authority to manage KATO′s operations and financial obligations.
5. The Fourth Defendant (Mr. S Eustace) at all material times, was a director of KATO Petroleum, vested with the duty and authority to manage KATO′s operations and financial obligations.
BAXTER – Breach of Fiduciary Duty (First Cause of Action)
6. At all material times, the Plaintiff (Fortitude), employed the Second Defendant (Owen Baxter) under a service agreement dated 30 March 2019, whereby Baxter served as managing director for a term of 5 years commencing on 1 April 2019.
7. The service agreement relevantly provided that Baxter was:
(a) Employed as managing director with a salary of $250,000.00 per annum as per clause 16;
(b) Obliged to conform to, observe, and comply with all resolutions, regulations, and directions made or given by the board of directors as per clause 41(b).
8. At all material times and by reason of his position and relationship with the Plaintiff (Fortitude), Baxter owed to the plaintiff a fiduciary duty to act in the best interests of Fortitude.
9. The plaintiff alleges that Baxter has breached his fiduciary duties, particularly in terms of:
(a) Failing to ensure compliance with credit limits and repayment schedules, leading to financial exposure and risk;
(b) Making or influencing decisions that prioritized personal or third-party interests over those of Fortitude.
Particulars of the Breach of Fiduciary Duty by Owen Baxter:
————- continued
10. The plaintiff contends that despite board directives aimed at rectifying these breaches, Baxter has continued to act in a manner inconsistent with his fiduciary duties.
11. The plaintiff asserts that Baxter′s conduct has been such that it is calculated to prejudicially affect the management and financial stability of Fortitude.
12. Further and/or alternatively, the plaintiff alleges that Baxter has wilfully or persistently committed a breach of the service agreement and/or has conducted himself in such a way that it is not reasonably practicable for Fortitude to continue employing him.
13. Further and/or alternatively, circumstances have arisen which the plaintiff believes render it just and equitable that Baxter′s employment be terminated.
14. The plaintiff claims that Baxter is liable to account to Fortitude for any benefits derived from actions taken contrary to his fiduciary duties and for any profits made or losses incurred by his breach of duty.
THERE IS NO WORD COUNT, AS LONG AS ALL RELEVANT FACTS AND CAUSES OF ACTION ARE ADDRESSED. CAUSES OF ACTION MAY INCLUDE BREACH OF FIDUCIARY DUTY, BREACH OF CONTRACT/AGREEMENT, NEGLIGENCE ETC.
PLEASE LOOK UP THE LAYOUT OF A STATEMENT OF CLAIM PER Uniform Civil Procedure Rules 2005 (NSW) . PLEASE REMEMBER NO EVIDENCE JUST FACTS PER THE ATTACHED FILE.