Brown, David Arthur & Ors v Forest Hill Shopping Centre Pty Ltd & Ors [1996] FCA 537

Brown, David Arthur & Ors v Forest Hill Shopping Centre Pty Ltd & Ors [1996] FCA 537

The fourth amended statement of claim was struck out due to its embarrassing form and failure to comply with the rules; applicants were granted leave to file and serve an amended application and statement of claim within 21 days, with costs ordered to be taxed and paid forthwith.

Source-derived case information.

Parties
Applicant: David Arthur Brown; Applicant: Elizabeth Joan Brown; Applicant: Steven Brian Murphy; Applicant: Anne Fraser Murphy; Respondent: Forest Hill Shopping Centre Pty Ltd; Respondent: L C Stevenson Estates Pty Ltd; Respondent: Hugh McMaster; Respondent: Diane McMaster
Jurisdiction
Australia
Judgment Date
03 June 1996
Procedural Posture
Motion for Leave to Amend Statement of Claim / Interlocutory
Outcome
Application granted in part: leave to amend statement of claim and application; existing statement of claim struck out; costs ordered to be taxed and paid forthwith.
Legal Topics
Leave to Amend Pleadings, Strike Out Statement of Claim, Cost Orders, Federal Court Rules
Contract Law Commercial Law Leave to Amend Pleadings Strike Out Statement of Claim Cost Orders Federal Court Rules

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Parties

David Arthur Brown

Applicant

Elizabeth Joan Brown

Applicant

Steven Brian Murphy

Applicant

Anne Fraser Murphy

Applicant

Forest Hill Shopping Centre Pty Ltd

Respondent

L C Stevenson Estates Pty Ltd

Respondent

Hugh McMaster

Respondent

Diane McMaster

Respondent

Procedural Posture

Motion for Leave to Amend Statement of Claim / Interlocutory

Legal Issues

  1. 1 Whether leave to amend application and statement of claim should be granted
  2. 2 Whether existing statement of claim should be struck out
  3. 3 Form and sufficiency of pleadings

Ratio Decidendi

The fourth amended statement of claim was struck out due to its embarrassing form and failure to comply with the rules; applicants were granted leave to file and serve an amended application and statement of claim within 21 days, with costs ordered to be taxed and paid forthwith.

Court Disposition

Application granted in part: leave to amend statement of claim and application; existing statement of claim struck out; costs ordered to be taxed and paid forthwith.

Orders

  • The fourth amended statement of claim be struck out.
  • The applicants have leave to file and serve within 21 days an amended application and statement of claim.