Panton v Bailey & 2 Ors [2004] NSWCA 12

Panton v Bailey & 2 Ors [2004] NSWCA 12

The applicant's Statement of Claim disclosed no cause of action and failed to plead necessary facts, specifically regarding damage, and despite having opportunities, he did not amend his pleading; thus, no leave to appeal should be granted and the summons should be dismissed with costs.

Parties
Applicant: Bernard John Panton; Respondent: Bruce Leonard Bailey t/as Saccasan Bailey Partners & 2 Ors
Jurisdiction
Australia
Judgment Date
12 February 2004
Procedural Posture
Appeal / Judgment
Outcome
summons dismissed with costs
Legal Topics
Statements of Claim, Causes of Action, No Cause of Action Disclosed, Content of Pleadings, Amendment of Pleadings
Practice and Procedure Statements of Claim Causes of Action No Cause of Action Disclosed Content of Pleadings Amendment of Pleadings

Case Brief

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Parties

Bernard John Panton

Applicant

Bruce Leonard Bailey t/as Saccasan Bailey Partners & 2 Ors

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the statement of claim discloses a cause of action.
  2. 2 Whether liberty to amend should be granted.
  3. 3 Whether appeals against orders relating to striking out pleadings should be allowed.

Ratio Decidendi

The applicant's Statement of Claim disclosed no cause of action and failed to plead necessary facts, specifically regarding damage, and despite having opportunities, he did not amend his pleading; thus, no leave to appeal should be granted and the summons should be dismissed with costs.

Court Disposition

summons dismissed with costs

Orders

  • Summons dismissed with costs