Sidgreaves v State of New South Wales [2020] NSWSC 1460

Sidgreaves v State of New South Wales [2020] NSWSC 1460

The amended consolidated statement of claim was struck out because the plaintiffs' pleaded case for economic loss did not sufficiently inform the defendants of the material facts on which the claim was based, including matters relevant to pure economic loss, and the allegations of bad faith were not pleaded with the required particularity. The Australian Consumer Law pleading was also defective: the plaintiffs accepted the Commonwealth claim could not succeed, and the New South Wales claim lacked pleadings or particulars as to whether the defendants were carrying on a business. These deficiencies affected so much of the pleading that the whole amended consolidated statement of claim...

Jurisdiction
Australia
Judgment Date
21 October 2020
Procedural Posture
Civil Procedure Strike Out Application Concerning an Amended Consolidated Statement of Claim / Notice of Motion Filed by the Defendants Seeking Strike Out or Dismissal of Parts of the Amended Consolidated Statement of Claim
Outcome
The defendants' notice of motion succeeded; the amended consolidated statement of claim was struck out with leave to serve a proposed further amended statement of claim, and the plaintiffs were ordered to pay the defendants' costs of the notice of motion.
Legal Topics
['strike Out of Pleadings' 'reasonable Cause of Action' 'misleading or Deceptive Conduct' 'pure Economic Loss' 'bad Faith in Administrative Decision Making' 'gaming Machine Tax' 'transfer of Liquor Licence']
['civil Procedure' 'administrative Law' 'consumer Law' 'negligence' 'liquor Licensing' 'taxation'] ['strike Out of Pleadings' 'reasonable Cause of Action' 'misleading or Deceptive Conduct' 'pure Economic Loss' 'bad Faith in Administrative Decision Making' 'gaming Machine Tax' 'transfer of Liquor Licence']

Case Brief

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Procedural Posture

Civil Procedure Strike Out Application Concerning an Amended Consolidated Statement of Claim / Notice of Motion Filed by the Defendants Seeking Strike Out or Dismissal of Parts of the Amended Consolidated Statement of Claim

Legal Issues

  1. 1 ['Whether the amended consolidated statement of claim should be struck out pursuant to r 14.28 of the Uniform Civil Procedure Rules 2005 (NSW).' 'Whether the pleadings based on s 18 of the Australian Consumer Law disclosed a reasonable cause of action against the first and second defendants.' 'Whether the pleadings sufficiently identified material facts supporting a claim for pure economic loss, including vulnerability, reliance or assumption of responsibility.' 'Whether the pleadings sufficiently particularised allegations that the defendants acted in bad faith.' 'Whether particular paragraphs of the amended consolidated statement of claim had a tendency to cause prejudice, embarrassment or delay.']

Ratio Decidendi

The amended consolidated statement of claim was struck out because the plaintiffs' pleaded case for economic loss did not sufficiently inform the defendants of the material facts on which the claim was based, including matters relevant to pure economic loss, and the allegations of bad faith were not pleaded with the required particularity. The Australian Consumer Law pleading was also defective: the plaintiffs accepted the Commonwealth claim could not succeed, and the New South Wales claim lacked pleadings or particulars as to whether the defendants were carrying on a business. These deficiencies affected so much of the pleading that the whole amended consolidated statement of claim...

Court Disposition

The defendants' notice of motion succeeded; the amended consolidated statement of claim was struck out with leave to serve a proposed further amended statement of claim, and the plaintiffs were ordered to pay the defendants' costs of the notice of motion.

Orders

  • ['Pursuant to r 14.28 of the Uniform Civil Procedure Rules 2005 (NSW), the amended consolidated statement of claim filed 10 July 2019 is struck out.' 'Leave is granted to the plaintiffs to serve a proposed further amended statement of claim on the defendants by 16 November 2020.' 'The defendants are to file and...