McMurtrie v Calver (No 2) [2008] NSWSC 375

The claims as pleaded by the plaintiffs in the amended statement of claim against the second defendant are hopeless and will continue to be unarguable even if re-pleaded; the proceedings against the second defendant should be dismissed.

Jurisdiction: Australia
Judgment Date: 28 April 2008
Procedural Posture: Strike Out Application / Judgment Following Application to Dismiss Proceedings Against Second Defendant
Outcome: Proceedings against the second defendant dismissed
Legal Topics: ['strike Out Application' 'ratification' 'estoppel' 'misleading and Deceptive Conduct' 'unjust Enrichment']

['civil Procedure'] ['strike Out Application' 'ratification' 'estoppel' 'misleading and Deceptive Conduct' 'unjust Enrichment']

Case Brief

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Procedural Posture

Strike Out Application / Judgment Following Application to Dismiss Proceedings Against Second Defendant

Legal Issues

1 ['Whether the amended statement of claim discloses a reasonable cause of action against the second defendant' 'Whether ratification of contract, estoppel, misleading and deceptive conduct or unjust enrichment are pleaded against the second defendant' 'Whether proceedings against the second defendant should be dismissed']

Ratio Decidendi

Court Disposition

Proceedings against the second defendant dismissed

Orders

['The proceedings against the second defendant are dismissed.' "The plaintiffs are to pay the second defendant's costs of the proceedings, including reserved costs."]