Exchanges P/L v State of New South Wales [2000] NSWSC 59

Exchanges P/L v State of New South Wales [2000] NSWSC 59

The issue of loss could not be said to be hopeless, because the plaintiffs may be able at trial to show matters including the timing of receipt of the fax after settlement and resale or that they caused the Minister's desired result to occur; therefore paragraphs 16 and 17 should not be struck out and the motion should be dismissed.

Jurisdiction
Australia
Judgment Date
22 February 2000
Procedural Posture
Common Law Proceeding Alleging Negligent Misstatement; Notice of Motion to Strike Out Paragraphs of Amended Statement of Claim / Interlocutory Application
Outcome
Notice of motion dismissed; defendant to pay the plaintiffs' costs.
Legal Topics
['strike Out' 'summary Judgment' 'negligent Misstatement' 'duty of Care' 'loss and Damage']
['civil Procedure' 'tort Law'] ['strike Out' 'summary Judgment' 'negligent Misstatement' 'duty of Care' 'loss and Damage']

Case Brief

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Procedural Posture

Common Law Proceeding Alleging Negligent Misstatement; Notice of Motion to Strike Out Paragraphs of Amended Statement of Claim / Interlocutory Application

Legal Issues

  1. 1 ['Whether paragraphs 16 and 17 of the amended statement of claim should be struck out pursuant to Part 15 r 26 or alternatively Part 13 r 5 of the Supreme Court Rules.' 'Whether the pleaded issue of loss and damage was so hopeless that it should not go to trial.']

Ratio Decidendi

The issue of loss could not be said to be hopeless, because the plaintiffs may be able at trial to show matters including the timing of receipt of the fax after settlement and resale or that they caused the Minister's desired result to occur; therefore paragraphs 16 and 17 should not be struck out and the motion should be dismissed.

Court Disposition

Notice of motion dismissed; defendant to pay the plaintiffs' costs.

Orders

  • ['I decline to strike out paragraphs 16 and 17 of the amended statement of claim.' 'The notice of motion filed 22 November 1999 is dismissed.' "The defendant is to pay the plaintiffs' costs."]