PRACTICE AND PROCEDURE - application by second defendant for evidentiary rulings - where a number of rulings agreed by the parties and other rulings held over - application by second defendant to strike out certain paragraphs of statement of claim - where Full Court in Mawhinney v Australian Securities and Investments Commission (2022) 294 FCR 375 held that an order may be made under s 1101B(1) of the Corporations Act 2001 (Cth) based on the contravention of another person - whether plaintiff's statement of claim gave clear notice and proper particulars of each contravention alleged and of the connection between the second defendant and each such contravention, either by way of his involvement in the contravention in the sense described in Yorke v Lucas (1985) 158 CLR 661 or otherwise - where plaintiff did not allege that the second defendant was accessorily liable for companies' alleged contraventions of the Corporations Act or the Australian Securities and Investments Commission Act 2001 (Cth) - where the issue to be decided at trial will be whether each of the factual matters pleaded in relation to the second defendant's involvement is sufficient to establish the requisite nexus between the relevant contravention and the orders sought against him under s 1101B(1), such that the Court should in the exercise of its discretion grant the injunctive relief sought by the plaintiff - whether pleading of implied representations "embarrassing" within the meaning of rule 16.21(1) of the Federal Court Rules 2011 (Cth) - whether in other respects claims were sufficiently particularised - strike out application dismissed
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