Di Palma v Chimmalee [2019] NSWSC 864

Di Palma v Chimmalee [2019] NSWSC 864

The plaintiffs' statement of claim failed to adequately plead material facts with sufficient particularity, causing prejudice and embarrassment to the defendants in defending the case. The paragraphs specified in the order are to be struck out. However, the plaintiffs are given a final opportunity to amend and replead their claim as the defects do not show the case is unarguable, applying the principles of fairness and the overriding purpose of civil procedure legislation.

Parties
First Plaintiff: Lamai Di Palma; Second Plaintiff: Antonio Di Palma; First Defendant: Siriluck Fatima Chimmalee; Second Defendant: Michael Roger Evans; Third Defendant: Sydney Organic Supplier Pty Ltd; Fourth Defendant: Real Money Transfer Pty Ltd; Fifth Defendant: International Pacific Group 1992 Pty Ltd
Jurisdiction
Australia
Judgment Date
11 July 2019
Procedural Posture
Civil / Interlocutory Application—strike Out of Statement of Claim
Outcome
Application granted in part; impugned paragraphs struck out with leave to replead subject to conditions; costs of application to first to fourth defendants.
Legal Topics
Pleadings, Strike Out Applications, Particularity in Pleadings
Civil Procedure Equity Pleadings Strike Out Applications Particularity in Pleadings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 37 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Lamai Di Palma

First Plaintiff

Antonio Di Palma

Second Plaintiff

Siriluck Fatima Chimmalee

First Defendant

Michael Roger Evans

Second Defendant

Sydney Organic Supplier Pty Ltd

Third Defendant

Real Money Transfer Pty Ltd

Fourth Defendant

International Pacific Group 1992 Pty Ltd

Fifth Defendant

Procedural Posture

Civil / Interlocutory Application—strike Out of Statement of Claim

Legal Issues

  1. 1 Whether paragraphs of the plaintiffs' statement of claim should be struck out for failing to adequately plead material facts and causes of action
  2. 2 Whether plaintiffs should have leave to replead their claim

Ratio Decidendi

The plaintiffs' statement of claim failed to adequately plead material facts with sufficient particularity, causing prejudice and embarrassment to the defendants in defending the case. The paragraphs specified in the order are to be struck out. However, the plaintiffs are given a final opportunity to amend and replead their claim as the defects do not show the case is unarguable, applying the principles of fairness and the overriding purpose of civil procedure legislation.

Court Disposition

Application granted in part; impugned paragraphs struck out with leave to replead subject to conditions; costs of application to first to fourth defendants.

Orders

  • Pursuant to r 14.28 of the Uniform Civil Procedure Rules 2005 (NSW), strike out specified paragraphs ([12A], [13], [15], [16], [17A], [19], [19A], [19B], [20], [21], [22], [23], [24], [25], [25A], [26], [27], [28], [29], [30], [31], [32(iii)]-[32(iv)] and [33]) of the statement of claim.
  • Plaintiffs to serve any proposed amended statement of claim on the defendants within 21 days.