Riva NSW Pty Ltd CAN 113 881 815 v Key Nominees Pty Ltd [2014] NSWSC 301

Riva NSW Pty Ltd CAN 113 881 815 v Key Nominees Pty Ltd [2014] NSWSC 301

The fresh Statement of Claim remained prolix, unclear, embarrassing and defective, including rolled-up allegations, improper alternatives, inconsistent allegations, defective particulars and problematic claims for mortgage accounts and damages. Although the plaintiffs' conduct did not quite make continuation of the proceedings an abuse of process, the defects and history of the matter meant that no further leave to amend should be given, and the proceedings against the first defendant should be dismissed with costs.

Jurisdiction
Australia
Judgment Date
21 March 2014
Procedural Posture
Notice of Motion to Strike Out Statement of Claim and Application to Dismiss Proceedings as an Abuse of Process / Equity Division Judgment Affirming Orders Made on 4 March 2013 and Dismissing Proceedings Against the First Defendant
Outcome
The orders made on 4 March 2013 were affirmed and the proceedings against the first defendant were dismissed with costs.
Legal Topics
['pleadings' 'strike Out Application' 'abuse of Process' 'multifariousness' 'mortgage Accounts']
['civil Procedure' 'equity' 'mortgage Law'] ['pleadings' 'strike Out Application' 'abuse of Process' 'multifariousness' 'mortgage Accounts']

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Procedural Posture

Notice of Motion to Strike Out Statement of Claim and Application to Dismiss Proceedings as an Abuse of Process / Equity Division Judgment Affirming Orders Made on 4 March 2013 and Dismissing Proceedings Against the First Defendant

Legal Issues

  1. 1 ['Whether the fresh Statement of Claim filed by the plaintiffs was in acceptable form after the earlier pleading had been struck out.' 'Whether the continuation of the proceedings against the first defendant constituted an abuse of process.' 'Whether further leave should be given to amend the Statement of Claim.']

Ratio Decidendi

The fresh Statement of Claim remained prolix, unclear, embarrassing and defective, including rolled-up allegations, improper alternatives, inconsistent allegations, defective particulars and problematic claims for mortgage accounts and damages. Although the plaintiffs' conduct did not quite make continuation of the proceedings an abuse of process, the defects and history of the matter meant that no further leave to amend should be given, and the proceedings against the first defendant should be dismissed with costs.

Court Disposition

The orders made on 4 March 2013 were affirmed and the proceedings against the first defendant were dismissed with costs.

Orders

  • ['The orders made on 4 March 2013 are affirmed.' 'The proceedings against the first defendant are dismissed.' "The plaintiffs are to pay the first defendant's costs." 'Order that the proceedings be dismissed against the first defendant with costs.']