Van Der Velde v Ng [2009] FCA 529

Van Der Velde v Ng [2009] FCA 529

Given the history of the proceedings and lack of coherence in the pleadings despite repeated court directions, the further amended statement of claim is struck out. Costs thrown away and costs of certain motions are awarded on a solicitor/client basis given applicants’ conduct, except costs relating to the summary judgment motion, which are party and party costs.

Jurisdiction
Australia
Judgment Date
15 April 2009
Procedural Posture
Interlocutory Application / Order After Motion for Strike Out
Outcome
Further Amended Statement of Claim struck out; costs orders made
Legal Topics
['strike Out Application' 'costs Orders' 'amendment of Pleadings']
['practice and Procedure'] ['strike Out Application' 'costs Orders' 'amendment of Pleadings']

Case Brief

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Procedural Posture

Interlocutory Application / Order After Motion for Strike Out

Legal Issues

  1. 1 ['Whether the further amended statement of claim should be struck out' 'Whether costs should be awarded on a solicitor/client or party-party basis']

Ratio Decidendi

Given the history of the proceedings and lack of coherence in the pleadings despite repeated court directions, the further amended statement of claim is struck out. Costs thrown away and costs of certain motions are awarded on a solicitor/client basis given applicants’ conduct, except costs relating to the summary judgment motion, which are party and party costs.

Court Disposition

Further Amended Statement of Claim struck out; costs orders made

Orders

  • ['The Further Amended Statement of Claim is struck out.' 'Applicants to file and serve any Notice of Motion for leave to re-plead by 11 May 2009.' 'Costs referred to in Order 5 made on 12 March 2009 payable forthwith.' "Applicants pay the Third Respondent's costs thrown away by amendment of Application and further...