Cornerstone Investment Aust Pty Ltd (In Liquidation) v Tom Seymour [2022] NSWSC 281

Cornerstone Investment Aust Pty Ltd (In Liquidation) v Tom Seymour [2022] NSWSC 281

Although the Amended Commercial List Statement had significant difficulties in structure, articulation and particularisation, its inadequacies did not rise to the level of making it a plain case where it should be struck out under the strict approach required by Practice Note SC Eq 3 para 62. The motion was dismissed, with costs in the cause, while the plaintiff was afforded an opportunity to further amend and the defendant was permitted to request further particulars.

Jurisdiction
Australia
Judgment Date
02 March 2022
Procedural Posture
Practice and Procedure; Commercial List Motion to Strike Out Amended Commercial List Statement / Motion to Strike Out; Directions Made on 2 March 2022
Outcome
Motion to strike out dismissed; costs to be costs in the cause; directions made for possible amendment, further particulars, Commercial List Response and further directions.
Legal Topics
['practice Note SC Eq 3 Para 62' 'commercial List Statement' 'strike Out Application' 'further Particulars']
['practice and Procedure' 'equity Commercial List'] ['practice Note SC Eq 3 Para 62' 'commercial List Statement' 'strike Out Application' 'further Particulars']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Practice and Procedure; Commercial List Motion to Strike Out Amended Commercial List Statement / Motion to Strike Out; Directions Made on 2 March 2022

Legal Issues

  1. 1 ["Whether the plaintiff's Amended Commercial List Statement should be struck out for deficiencies in structure, articulation and particularisation." 'Whether, despite the general practice in the Commercial List, the defendant should be permitted to request further particulars.']

Ratio Decidendi

Although the Amended Commercial List Statement had significant difficulties in structure, articulation and particularisation, its inadequacies did not rise to the level of making it a plain case where it should be struck out under the strict approach required by Practice Note SC Eq 3 para 62. The motion was dismissed, with costs in the cause, while the plaintiff was afforded an opportunity to further amend and the defendant was permitted to request further particulars.

Court Disposition

Motion to strike out dismissed; costs to be costs in the cause; directions made for possible amendment, further particulars, Commercial List Response and further directions.

Orders

  • ['The motion to strike out filed 18 February 2022 is dismissed, costs to be in the cause.' 'By 18 March 2022 the plaintiff is to serve on the defendant any proposed further Amended Commercial List Statement.' 'By 1 April 2022 the defendant is to notify the plaintiff whether it consents to the amendment. If it does,...