Jamie Fernandez t/as Suave Productions v Armando Christian Perez t/as Pitbull [2011] NSWSC 1007

Jamie Fernandez t/as Suave Productions v Armando Christian Perez t/as Pitbull [2011] NSWSC 1007

There is sufficient evidence—by way of correspondence, an expert legal opinion concerning Florida law, and audio references—to make the second plaintiff's claim as a third party beneficiary arguable. The relevant cause of action is not so obviously untenable as to justify summary dismissal or striking out of pleadings. Accordingly, the defendant's notice of motion is dismissed and the matter should proceed to trial.

Parties
First Plaintiff: Jamie Fernandez t/as Suave Productions; Second Plaintiff: Juan David Uribe t/as Don Juan Entertainment; First Defendant: Armando Christian Perez t/as Pitbull; Second Defendant: Pitbull Productions Incorporated
Jurisdiction
Australia
Judgment Date
02 September 2011
Procedural Posture
Civil / Interlocutory Application to Strike Out Portions of Claim / Summary Dismissal
Outcome
Application to strike out second plaintiff's claim and for summary dismissal is dismissed. Leave is granted for further amendment of the statement of claim. Matter is listed for a status conference. Costs reserved.
Legal Topics
Strike Out of Pleadings, Summary Dismissal, Third Party Beneficiary, Applicable Foreign Law (florida)
Civil Procedure Strike Out of Pleadings Summary Dismissal Third Party Beneficiary Applicable Foreign Law (florida)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Jamie Fernandez t/as Suave Productions

First Plaintiff

Juan David Uribe t/as Don Juan Entertainment

Second Plaintiff

Armando Christian Perez t/as Pitbull

First Defendant

Pitbull Productions Incorporated

Second Defendant

Procedural Posture

Civil / Interlocutory Application to Strike Out Portions of Claim / Summary Dismissal

Legal Issues

  1. 1 Whether the second plaintiff can claim as an intended third party beneficiary under Florida law
  2. 2 Whether pleadings by the second plaintiff are so imprecise as to be embarrassing or an abuse of process and should be struck out

Ratio Decidendi

There is sufficient evidence—by way of correspondence, an expert legal opinion concerning Florida law, and audio references—to make the second plaintiff's claim as a third party beneficiary arguable. The relevant cause of action is not so obviously untenable as to justify summary dismissal or striking out of pleadings. Accordingly, the defendant's notice of motion is dismissed and the matter should proceed to trial.

Court Disposition

Application to strike out second plaintiff's claim and for summary dismissal is dismissed. Leave is granted for further amendment of the statement of claim. Matter is listed for a status conference. Costs reserved.

Orders

  • The defendant's notice of motion filed 25 March 2011 is dismissed.
  • Leave granted to the second plaintiff to further amend the further amended statement of claim by deleting the pleading that Mr Fernandez acted as Mr Uribe's agent.