Zeaiter v Reliance Financial Services Pty Ltd [2007] NSWSC 929

Zeaiter v Reliance Financial Services Pty Ltd [2007] NSWSC 929

Although certain defects in the Statement of Claim exist, given the late stage and overall clarity of the pleadings, it is sufficient to order supplementation rather than strike out the whole pleading. Interlocutory costs are awarded to the plaintiff, but assessment forthwith is refused due to the existence of arguable set-off and imminent trial.

Parties
Plaintiff: Annette Therese Zeaiter; First Defendant: Reliance Financial Services Pty Ltd; Second Defendant: Sam Peter Cassaniti
Jurisdiction
Australia
Judgment Date
25 May 2007
Procedural Posture
Interlocutory Application / Orders on Interlocutory Motions Regarding Costs and Pleading
Outcome
Plaintiff awarded costs of the 17 May 2007 motion (not forthwith); defendant's strike out motion was refused except for specific amendments and order for further particulars; directions for supplementation of pleading; no costs order on second motion; proceedings adjourned.
Legal Topics
Interlocutory Costs, Strike Out Application, Pleadings, Unconscionable Conduct, Contracts, Misrepresentation, Assessment of Costs
Equity Civil Procedure Interlocutory Costs Strike Out Application Pleadings Unconscionable Conduct Contracts Misrepresentation +1 more

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Parties

Annette Therese Zeaiter

Plaintiff

Reliance Financial Services Pty Ltd

First Defendant

Sam Peter Cassaniti

Second Defendant

Procedural Posture

Interlocutory Application / Orders on Interlocutory Motions Regarding Costs and Pleading

Legal Issues

  1. 1 Whether interlocutory costs should be payable and assessable forthwith
  2. 2 Whether the Statement of Claim should be struck out for pleading deficiencies
  3. 3 Whether the Statement of Claim sufficiently pleads unconscionability, agency, unfair contract, misleading or deceptive conduct and damage

Ratio Decidendi

Although certain defects in the Statement of Claim exist, given the late stage and overall clarity of the pleadings, it is sufficient to order supplementation rather than strike out the whole pleading. Interlocutory costs are awarded to the plaintiff, but assessment forthwith is refused due to the existence of arguable set-off and imminent trial.

Court Disposition

Plaintiff awarded costs of the 17 May 2007 motion (not forthwith); defendant's strike out motion was refused except for specific amendments and order for further particulars; directions for supplementation of pleading; no costs order on second motion; proceedings adjourned.

Orders

  • Defendant to pay plaintiff's costs of plaintiff's motion filed 17 May 2007; assessment forthwith refused.
  • Words '51AA, 51AB and' to be struck out from Statement of Claim paragraphs 43(c), 61(c), and 82(c).