Paccar Financial Pty Limited v David Menzies & Anor [2011] NSWSC 1255

Paccar Financial Pty Limited v David Menzies & Anor [2011] NSWSC 1255

The amended defence and cross-claim were struck out because they failed to comply with established principles and rules of pleading, including excessive length, repetition, inclusion of irrelevant material and matters of evidence, and lack of clarity. Leave was granted for the defendants to file further amended pleadings. Costs of the motion awarded to the plaintiff, but not assessed forthwith.

Jurisdiction
Australia
Judgment Date
05 October 2011
Procedural Posture
Interlocutory Application / Application to Strike Out Defence and Cross Claim Before Trial
Outcome
Application granted in part; amended defence and cross-claim struck out, leave granted to re-plead, costs of the motion to plaintiff.
Legal Topics
['pleadings' 'striking Out Defence' 'costs']
['civil Procedure'] ['pleadings' 'striking Out Defence' 'costs']

Case Brief

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Procedural Posture

Interlocutory Application / Application to Strike Out Defence and Cross Claim Before Trial

Legal Issues

  1. 1 ['Whether the amended defence and cross-claim should be struck out for non-compliance with pleading principles and rules' 'Whether leave should be granted to file a further amended defence and cross-claim' 'Entitlement to costs and whether they should be assessed forthwith']

Ratio Decidendi

The amended defence and cross-claim were struck out because they failed to comply with established principles and rules of pleading, including excessive length, repetition, inclusion of irrelevant material and matters of evidence, and lack of clarity. Leave was granted for the defendants to file further amended pleadings. Costs of the motion awarded to the plaintiff, but not assessed forthwith.

Court Disposition

Application granted in part; amended defence and cross-claim struck out, leave granted to re-plead, costs of the motion to plaintiff.

Orders

  • ['The amended defence is struck out.' 'Defendants granted leave to file and serve an amended defence to the amended statement of claim in accordance with pt 14 UCPR 20.05, on or before 26 October 2011; dispensation with r 19.5(2).' 'The first cross-claim is struck out; leave to file and serve an amended cross-claim...