STM123 No. 28 Pty Ltd v Eastern Suburbs Commercial Pty Ltd [2023] NSWSC 1266

STM123 No. 28 Pty Ltd v Eastern Suburbs Commercial Pty Ltd [2023] NSWSC 1266

The statement of claim is not embarrassing, prolix, or confusing so as to warrant striking out; it sufficiently sets out the material facts and causes of action, allowing the defendants to know the case they must meet and to prepare a defence. Minor deficiencies in the prayers for relief do not justify striking out the claim.

Jurisdiction
Australia
Judgment Date
17 November 2023
Procedural Posture
Civil Procedure / Interlocutory (notice of Motion to Strike Out)
Outcome
Notice of motion to strike out dismissed; leave to amend relief granted.
Legal Topics
['pleadings' 'striking Out' 'prolixity' 'equitable Relief']
['civil Procedure'] ['pleadings' 'striking Out' 'prolixity' 'equitable Relief']

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Procedural Posture

Civil Procedure / Interlocutory (notice of Motion to Strike Out)

Legal Issues

  1. 1 ['Whether the statement of claim should be struck out for being prolix, confusing, or embarrassing under r 14.28(1)(b) Uniform Civil Procedure Rules 2005 (NSW)' "Whether the plaintiffs' statement of claim causes prejudice, embarrassment or delay" 'Whether the prayers for relief are properly pleaded']

Ratio Decidendi

The statement of claim is not embarrassing, prolix, or confusing so as to warrant striking out; it sufficiently sets out the material facts and causes of action, allowing the defendants to know the case they must meet and to prepare a defence. Minor deficiencies in the prayers for relief do not justify striking out the claim.

Court Disposition

Notice of motion to strike out dismissed; leave to amend relief granted.

Orders

  • ['Leave to the plaintiffs to file an amended statement of claim amending the relief claimed, to be filed and served by 24 November 2023.' 'The notice of motion filed 6 October 2023 is dismissed.' "The defendants are to pay the plaintiffs' costs of the notice of motion." 'The defendants are to file a defence by 7...