Pitt & Co told to amend $1m claim against Whites
Chief Justice Ian Kawaley sent the plaintiffs in the $1 million Civil Court case against Gary and Michael White back to the drawing board.Following a hearing in chambers yesterday, Justice Kawaley gave Pitt & Company 14 days to re-amend their pleading.The ruling follows the decision taken in May that the initial pleading was inadequate.The case stems from the specially endorsed writ of summons issued last November on behalf of BGA Ltd and Pitt & Company seeking $1,036,349.59 from Gary and Michael White.This after the White’s chain of grocery stores shut down, leaving debts owed to a number of businesses seeking payment by White & Sons on behalf of all three entities under White & Son Ltd.However, the writ was struck down in December and was subsequently amended. The amended claim said the defendant’s execution of a personal guarantee of the debts of only White and Sons Ltd “constituted a fraudulent or negligent representation”.Lawyer Jai Pachai argued there was an oral agreement by the defendants to guarantee the debts of all three companies in a letter dated October 3, 2011.He also said concerns were heightened on the part of the creditors after reading that the building was sold in an article published this week in this newspaper.He told the court yesterday that payments for “any and all amounts” were made by White & Sons from one set of accounts that covered all three markets.But lawyer Kim White argued for the defendants that the plaintiffs did not set out particulars of fraud.At the end of the day Justice Kawaley agreed and gave the plaintiff 14 days to refine their complaint.He said there cannot be a hodge-podge approach “allowing the plaintiffs to get by with a considerable amount of fuzziness”.Justice Kawaley ruled the claim must include separate paragraphs outlining details on the “fraudulent aspect” which must be contained in the pleading.The legal battles between the former owners of White & Sons Ltd and creditors continues.