Michael Williams v ATM & CPA Projects Pty Limited [2014] NSWSC 1451

Michael Williams v ATM & CPA Projects Pty Limited [2014] NSWSC 1451

The proposed pleading that the defendants, including Mr Merhi, agreed to pay was not totally hopeless because the agreement contained ambiguities, including its address to Mr Merhi and use of the word "agree" in the bullet points. The alternative claim in paragraph 5 could also remain, although particulars were required, because its basis might be supported by surrounding circumstances and conversations to be explored at trial.

Jurisdiction
Australia
Judgment Date
21 October 2014
Procedural Posture
Interlocutory Applications / Plaintiffs' Application to Amend the Summons and Commercial List Statement; Defendants' Application to Strike Out Aspects of the Pleading
Outcome
Leave granted to the plaintiffs to amend the Commercial List Statement and the Summons.
Legal Topics
['commercial List Pleading Amendments' 'strike Out Applications' 'construction of Agreement' 'commission Agreement']
['practice and Procedure' 'contract'] ['commercial List Pleading Amendments' 'strike Out Applications' 'construction of Agreement' 'commission Agreement']

Case Brief

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Procedural Posture

Interlocutory Applications / Plaintiffs' Application to Amend the Summons and Commercial List Statement; Defendants' Application to Strike Out Aspects of the Pleading

Legal Issues

  1. 1 ['Whether leave should be granted to the plaintiffs to amend the Commercial List Statement and the Summons' 'Whether the plaintiffs\' proposed pleading using the plural "defendants" was untenable having regard to the terms of the agreement' "Whether the plaintiffs' alternative pleading in paragraph 5 should be permitted and particularised"]

Ratio Decidendi

The proposed pleading that the defendants, including Mr Merhi, agreed to pay was not totally hopeless because the agreement contained ambiguities, including its address to Mr Merhi and use of the word "agree" in the bullet points. The alternative claim in paragraph 5 could also remain, although particulars were required, because its basis might be supported by surrounding circumstances and conversations to be explored at trial.

Court Disposition

Leave granted to the plaintiffs to amend the Commercial List Statement and the Summons.

Orders

  • ['Leave granted to the plaintiffs to amend the Commercial List Statement and the Summons in accordance with the proposed document initialled by the Court and dated 21 October 2014.' 'The plaintiffs are required to provide particulars to the defendants in respect of the two sub-paragraphs in paragraph 5 of the...