Mathews v The Uniting Church in Australia Property Trust (NSW) (No 1) [2011] NSWLEC 222

Mathews v The Uniting Church in Australia Property Trust (NSW) (No 1) [2011] NSWLEC 222

Because the applicants conceded that the first respondent's motion should substantially succeed and that their response to the request for particulars required further material, the Court struck out the specified paragraphs, ordered proper particulars, and made consequential directions and costs orders.

Jurisdiction
Australia
Judgment Date
20 October 2011
Procedural Posture
Class 4 Proceedings / Interlocutory Application by the First Respondent to Strike Out Parts of the Applicants' Summons and Points of Claim and for Proper and Better Particulars
Outcome
First respondent's strike out application and request for particulars substantially granted; consequential directions and costs orders made.
Legal Topics
['strike Out Application' 'particulars' 'subpoena' 'costs']
['civil Procedure' 'land and Environment Court Proceedings'] ['strike Out Application' 'particulars' 'subpoena' 'costs']

Case Brief

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Procedural Posture

Class 4 Proceedings / Interlocutory Application by the First Respondent to Strike Out Parts of the Applicants' Summons and Points of Claim and for Proper and Better Particulars

Legal Issues

  1. 1 ["Whether paragraphs 7, 8 and 11 of the applicants' summons should be struck out." "Whether paragraphs 33-43 and paragraphs 47, 52, 53 and 56 of the applicants' points of claim should be struck out." "Whether the applicants should provide proper answers to the first respondent's request for particulars made on 8 September 2011." "How costs should be dealt with in relation to the first respondent's notice of motion."]

Ratio Decidendi

Because the applicants conceded that the first respondent's motion should substantially succeed and that their response to the request for particulars required further material, the Court struck out the specified paragraphs, ordered proper particulars, and made consequential directions and costs orders.

Court Disposition

First respondent's strike out application and request for particulars substantially granted; consequential directions and costs orders made.

Orders

  • ["Strike out paragraphs 7, 8 and 11 of the applicants' summons." "Strike out paragraphs 33 - 43 and paragraphs 47, 52, 53 and 56 of the applicants' points of claim." "Order that the Applicants provide proper answers to the request for particulars made by letter from the first respondent's solicitors on 8 September...