Kumaragamage v Liverpool City Council & Anor [2003] NSWSC 165

Kumaragamage v Liverpool City Council & Anor [2003] NSWSC 165

The statement of claim is struck out as against the first defendant because it is not properly pleaded and does not provide sufficient specificity for the defendant to discern the case to be met. Leave is granted to amend.

Jurisdiction
Australia
Judgment Date
19 March 2003
Procedural Posture
Civil / Interlocutory Strike Out Application
Outcome
Statement of claim struck out as against first defendant; leave granted to amend; costs ordered
Legal Topics
['pleadings' 'strike Out' 'costs']
['civil Procedure'] ['pleadings' 'strike Out' 'costs']

Case Brief

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Procedural Posture

Civil / Interlocutory Strike Out Application

Legal Issues

  1. 1 ['Whether the statement of claim discloses a reasonable cause of action against the first defendant' 'Whether the pleading is sufficiently particularised' 'Whether costs should be ordered against the plaintiff']

Ratio Decidendi

The statement of claim is struck out as against the first defendant because it is not properly pleaded and does not provide sufficient specificity for the defendant to discern the case to be met. Leave is granted to amend.

Court Disposition

Statement of claim struck out as against first defendant; leave granted to amend; costs ordered

Orders

  • ['The statement of claim filed 8 August 2002 is struck out as against the first defendant.' 'Leave is granted to the plaintiff to file and serve an amended statement of claim on or before 19 May 2003.' "The plaintiff is to pay the first defendant's costs. Such costs are not to be paid forthwith but to await the...