In the matter of Cougar Mining Group Pty Ltd [2016] NSWSC 1050

In the matter of Cougar Mining Group Pty Ltd [2016] NSWSC 1050

The further amended statement of claim failed to plead the material facts explaining why the alleged representations were misleading, deceptive, false, or unconscionable, failed clearly to plead whether breach of contract was maintained, and therefore did not enable the defendants to know the case they had to meet. The pleading was struck out with leave to replead. Because the plaintiff's inadequate formulation of its case had wasted the listed attendances and reflected unreasonable conduct, the plaintiff was ordered to pay specified costs, including costs of the motion and costs thrown away, with those costs assessable and payable forthwith under r 42.7.

Jurisdiction
Australia
Judgment Date
04 August 2016
Procedural Posture
Application to Strike Out Pleadings and for Particulars / Interlocutory Procedural Ruling
Outcome
Further amended statement of claim struck out with liberty to replead; plaintiff ordered to pay specified costs payable forthwith after agreement or assessment.
Legal Topics
['pleadings' 'strike Out Application' 'particulars' 'material Facts' 'misleading or Deceptive Conduct Pleading' 'unconscionable Conduct Pleading' 'interlocutory Costs Payable Forthwith']
['practice and Procedure' 'civil Procedure' 'costs'] ['pleadings' 'strike Out Application' 'particulars' 'material Facts' 'misleading or Deceptive Conduct Pleading' 'unconscionable Conduct Pleading' 'interlocutory Costs Payable Forthwith']

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

Application to Strike Out Pleadings and for Particulars / Interlocutory Procedural Ruling

Legal Issues

  1. 1 ['Whether the further amended statement of claim pleaded the material facts necessary to apprise the defendants of the case they had to meet.' 'Whether the further amended statement of claim should be struck out with leave to replead.' "Whether the plaintiff should pay the defendants' costs of appearances, the notice of motion, and costs thrown away, and whether those costs should be payable forthwith."]

Ratio Decidendi

The further amended statement of claim failed to plead the material facts explaining why the alleged representations were misleading, deceptive, false, or unconscionable, failed clearly to plead whether breach of contract was maintained, and therefore did not enable the defendants to know the case they had to meet. The pleading was struck out with leave to replead. Because the plaintiff's inadequate formulation of its case had wasted the listed attendances and reflected unreasonable conduct, the plaintiff was ordered to pay specified costs, including costs of the motion and costs thrown away, with those costs assessable and payable forthwith under r 42.7.

Court Disposition

Further amended statement of claim struck out with liberty to replead; plaintiff ordered to pay specified costs payable forthwith after agreement or assessment.

Orders

  • ['Order that the further amended statement of claim filed on 12 May 2015 be struck out with liberty to the plaintiff to replead.' 'Order that the plaintiff file and serve a second further amended statement of claim by 1 September 2016.' "Stand the proceedings over into the Registrar's list on 8 September 2016."...