Hoxton Park Resident's Action Group Inc. v Liverpool City Council [2014] NSWSC 403

Hoxton Park Resident's Action Group Inc. v Liverpool City Council [2014] NSWSC 403

Leave to amend was granted only for the Revised Amended Statement of Claim subject to the exceptions identified by the Court and only if the pleading was duly verified by 8 April 2014. Prayers 8 and 17 were not allowed because the nuisance claim had gone and the pleaded facts did not support that relief; parts of the particulars to paragraph 25 were not allowed because they were vague; paragraphs 49 to 52 were allowed to stand substantially as legal argument, with defendants dispensed from pleading to them, except for the identified factual issue about use of funds provided by the fifth defendant.

Jurisdiction
Australia
Judgment Date
31 March 2014
Procedural Posture
Interlocutory Applications / Case Management Directions and Application for Leave to Amend Statement of Claim
Outcome
Case management directions given; leave to amend granted subject to exceptions and verification; statement of claim filed on 27 March 2014 struck out.
Legal Topics
['case Management' 'amendment of Pleadings' 'verification of Statement of Claim' 'discovery' 'interrogatories' 'affidavit Evidence']
['civil Procedure'] ['case Management' 'amendment of Pleadings' 'verification of Statement of Claim' 'discovery' 'interrogatories' 'affidavit Evidence']

Case Brief

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Procedural Posture

Interlocutory Applications / Case Management Directions and Application for Leave to Amend Statement of Claim

Legal Issues

  1. 1 ['Whether leave should be granted to the plaintiffs to amend the statement of claim in the form of the Revised Amended Statement of Claim.' 'Whether prayers 8 and 17 should be allowed where the nuisance case had gone and the facts pleaded did not support the relief.' 'Whether the particulars to paragraph 25 were sufficiently precise or were too vague to be allowed.' 'Whether paragraphs 49 to 52 should remain as pleadings of legal argument and whether defendants should be required to plead to them.' 'Whether the amended statement of claim had to be duly verified before the court would take cognizance of it.']

Ratio Decidendi

Leave to amend was granted only for the Revised Amended Statement of Claim subject to the exceptions identified by the Court and only if the pleading was duly verified by 8 April 2014. Prayers 8 and 17 were not allowed because the nuisance claim had gone and the pleaded facts did not support that relief; parts of the particulars to paragraph 25 were not allowed because they were vague; paragraphs 49 to 52 were allowed to stand substantially as legal argument, with defendants dispensed from pleading to them, except for the identified factual issue about use of funds provided by the fifth defendant.

Court Disposition

Case management directions given; leave to amend granted subject to exceptions and verification; statement of claim filed on 27 March 2014 struck out.

Orders

  • ["The plaintiff's affidavits are complete apart from affidavits in reply." 'Defendants to file and serve any further affidavits on or before 28 April 2014.' 'Plaintiffs to file and serve any affidavits in reply on or before 12 May 2014.' 'The hearing of 5, 6, 7, 8 and 9 May 2014 is vacated.' 'Proceedings specially...