ALLEN v STATE OF NEW SOUTH WALES [2004] NSWSC 1243

ALLEN v STATE OF NEW SOUTH WALES [2004] NSWSC 1243

Given the persistent and serious deficiencies in the proposed Further Amended Statement of Claim—including failure to plead material facts, non-compliance with rules, and claims being statute barred or previously dismissed—the proceedings against the First, Third, Fifth, Seventh, and Eighth Defendants are dismissed. The Plaintiff’s applications to file the amended pleading and for extension of time are also dismissed, and costs awarded against the Plaintiff.

Jurisdiction
Australia
Judgment Date
17 December 2004
Procedural Posture
Civil / Ruling on Application to File Amended Pleading/extensions and Motions to Dismiss/strike Out
Outcome
Proceedings against the First, Third, Fifth, Seventh and Eighth Defendants dismissed. Applications to file further amended statement of claim and extension of time dismissed. Plaintiff to pay costs.
Legal Topics
['negligence' 'breach of Statutory Duty' 'breach of Contract' 'misleading or Deceptive Conduct' 'duty of Care' 'limitation Periods' 'pleading Requirements' 'strike Out Applications']
['tort Law' 'contract Law' 'insurance Law' 'professional Negligence'] ['negligence' 'breach of Statutory Duty' 'breach of Contract' 'misleading or Deceptive Conduct' 'duty of Care' 'limitation Periods' 'pleading Requirements' 'strike Out Applications']

Case Brief

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Procedural Posture

Civil / Ruling on Application to File Amended Pleading/extensions and Motions to Dismiss/strike Out

Legal Issues

  1. 1 ['Whether the further amended statement of claim discloses an arguable cause of action against each defendant; Whether claims are statute barred; Whether defects in the pleading warrant striking out or dismissal; Whether further opportunity to plead should be granted']

Ratio Decidendi

Given the persistent and serious deficiencies in the proposed Further Amended Statement of Claim—including failure to plead material facts, non-compliance with rules, and claims being statute barred or previously dismissed—the proceedings against the First, Third, Fifth, Seventh, and Eighth Defendants are dismissed. The Plaintiff’s applications to file the amended pleading and for extension of time are also dismissed, and costs awarded against the Plaintiff.

Court Disposition

Proceedings against the First, Third, Fifth, Seventh and Eighth Defendants dismissed. Applications to file further amended statement of claim and extension of time dismissed. Plaintiff to pay costs.

Orders

  • ['Proceedings against First, Third, Fifth, Seventh, and Eighth Defendants dismissed.' 'Plaintiff’s applications for leave to file further amended statement of claim and for extension of time dismissed.' 'Plaintiff to pay the costs of First, Third, Fifth, Seventh and Eighth Defendants of and incidental to the...