Frazer v SR7 Pty Limited and Ors [2013] NSWSC 820

Frazer v SR7 Pty Limited and Ors [2013] NSWSC 820

The Statement of Claim as a whole is not structured to properly identify the case the defendants have to meet, contains numerous embarrassing paragraphs, mixes facts and law ambiguously, and thus would tend to embarrass the fair trial of the action. Accordingly, it should be struck out under r 14.28(1) of the Uniform Civil Procedure Rules 2005 (NSW).

Parties
Plaintiff/respondent: Peter Frazer; First Defendant: SR7 Pty Limited; Second Defendant/applicant: Greg Daniel; Third Defendant/applicant: James Henry Griffin
Jurisdiction
Australia
Judgment Date
21 June 2013
Procedural Posture
Interlocutory Application / Application to Strike Out Statement of Claim
Outcome
Statement of Claim struck out
Legal Topics
Strike Out of Pleadings, Pleading Requirements, Oppression Remedy, Shareholder Disputes
Civil Procedure Corporations Law Strike Out of Pleadings Pleading Requirements Oppression Remedy Shareholder Disputes

Case Brief

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Parties

Peter Frazer

Plaintiff/respondent

SR7 Pty Limited

First Defendant

Greg Daniel

Second Defendant/applicant

James Henry Griffin

Third Defendant/applicant

Procedural Posture

Interlocutory Application / Application to Strike Out Statement of Claim

Legal Issues

  1. 1 Whether the Statement of Claim should be struck out under r 14.28(1) Uniform Civil Procedure Rules 2005 (NSW) for tending to cause embarrassment
  2. 2 Whether the pleadings failed to adequately disclose material facts to inform the defendants of the case they have to meet

Ratio Decidendi

The Statement of Claim as a whole is not structured to properly identify the case the defendants have to meet, contains numerous embarrassing paragraphs, mixes facts and law ambiguously, and thus would tend to embarrass the fair trial of the action. Accordingly, it should be struck out under r 14.28(1) of the Uniform Civil Procedure Rules 2005 (NSW).

Court Disposition

Statement of Claim struck out

Orders

  • Statement of Claim struck out under r 14.28(1) Uniform Civil Procedure Rules 2005 (NSW)
  • Leave granted to Plaintiff to file a further Statement of Claim