Gibson v McIntosh [2015] NSWSC 366

Gibson v McIntosh [2015] NSWSC 366

The Court adjourned motions 25, 26 and 32 to 26 May 2015 because the amendment issues and pleadings needed to be resolved before the remaining strike out, security for costs and transfer issues could be determined; motion 35 was dealt with by orders; motions 36 and 37 were dismissed because motion 37 had become otiose and the Court had been able to dispose of motion 36.

Jurisdiction
Australia
Judgment Date
26 March 2015
Procedural Posture
Equity Division Proceedings Involving Notices of Motion / Ex Tempore Procedural Ruling on Motions
Outcome
Motions 25, 26 and 32 were adjourned to 26 May 2015; orders were made on motion 35; motions 36 and 37 were dismissed; costs were reserved to 26 May 2015.
Legal Topics
['notices of Motion' 'amendment of Statement of Claim' 'strike Out' 'security for Costs' 'transfer to District Court' 'costs' 'adjournment']
['civil Procedure'] ['notices of Motion' 'amendment of Statement of Claim' 'strike Out' 'security for Costs' 'transfer to District Court' 'costs' 'adjournment']

Case Brief

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Procedural Posture

Equity Division Proceedings Involving Notices of Motion / Ex Tempore Procedural Ruling on Motions

Legal Issues

  1. 1 ['Whether leave should be given to further amend the statement of claim in motion 26.' 'Whether parts of the existing statement of claim should be struck out and whether security for costs should be granted in motion 25.' 'Whether the proceedings should be transferred to the District Court in motion 32.' 'Whether orders should be made or motions dismissed in motions 35, 36 and 37.' 'When costs of the motions should be dealt with.']

Ratio Decidendi

The Court adjourned motions 25, 26 and 32 to 26 May 2015 because the amendment issues and pleadings needed to be resolved before the remaining strike out, security for costs and transfer issues could be determined; motion 35 was dealt with by orders; motions 36 and 37 were dismissed because motion 37 had become otiose and the Court had been able to dispose of motion 36.

Court Disposition

Motions 25, 26 and 32 were adjourned to 26 May 2015; orders were made on motion 35; motions 36 and 37 were dismissed; costs were reserved to 26 May 2015.

Orders

  • ["2010/00425027 Proceeding 25 - Motion lodged 17 June 2014. What is left of Motion 25 to be stood over to Young AJA's list at 10am on 26 May 2015." '2010/00425027 Proceeding 26 - Motion lodged 26 June 2014. Dr Gibson, and those with the same interest should have time, say, 14 days to consider whether to further...