Roads and Maritime Services v Maureen Young [2018] NSWSC 1867

Roads and Maritime Services v Maureen Young [2018] NSWSC 1867

The impugned paragraphs of the amended cross-claim are incomprehensible, lack proper particularisation, and fail to disclose any reasonable cause of action in contract, tort, or equity. The claims do not identify requisite elements or factual basis, rendering them unfit for pleading in court. Only the breach of contract claim warrants liberty to replead; all others are struck out pursuant to r 14.28 UCPR.

Parties
Applicant/plaintiff: Roads and Maritime Services; Respondent/defendant: Maureen Mary Young
Jurisdiction
Australia
Judgment Date
30 November 2018
Procedural Posture
Motion to Strike Out Parts of Amended Cross Claim / Interlocutory
Outcome
Impugned paragraphs of amended cross-claim struck out with liberty to replead breach of contract only; costs awarded to RMS; directions for future conduct of proceedings.
Legal Topics
Strike Out Motion, Adequacy of Pleadings, Self Represented Litigants, Breach of Contract, Fraud/deceit, Misfeasance in Public Office, Equitable Claims, Damages
Tort Law Contract Law Civil Procedure Strike Out Motion Adequacy of Pleadings Self Represented Litigants Breach of Contract Fraud/deceit +3 more

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Parties

Roads and Maritime Services

Applicant/plaintiff

Maureen Mary Young

Respondent/defendant

Procedural Posture

Motion to Strike Out Parts of Amended Cross Claim / Interlocutory

Legal Issues

  1. 1 Whether the impugned paragraphs of Ms Young's amended cross-claim disclose any reasonable cause of action against RMS
  2. 2 Whether the particulars provided are sufficient to allow RMS to defend the claims
  3. 3 Whether any claims for fraud/misfeasance in public office/equitable relief/damages are properly pleaded

Ratio Decidendi

The impugned paragraphs of the amended cross-claim are incomprehensible, lack proper particularisation, and fail to disclose any reasonable cause of action in contract, tort, or equity. The claims do not identify requisite elements or factual basis, rendering them unfit for pleading in court. Only the breach of contract claim warrants liberty to replead; all others are struck out pursuant to r 14.28 UCPR.

Court Disposition

Impugned paragraphs of amended cross-claim struck out with liberty to replead breach of contract only; costs awarded to RMS; directions for future conduct of proceedings.

Orders

  • Time for RMS to file a defence to amended cross-claim extended to seven days from order, date to be fixed by registrar.
  • Claims against RMS in paragraphs 10 to 23 of the amended cross-claim struck out pursuant to r 14.28 of the Uniform Civil Procedure Rules 2005.