Pickard v Khalaf [2005] NSWSC 1085

Pickard v Khalaf [2005] NSWSC 1085

Paragraphs 1 and 5 of the defence are struck out as they fail to adequately raise relevant issues regarding the plaintiff’s claim for possession and do not specify terms upon which the defendant contests occupation; leave is granted to replead so that substantive matters can be properly before the court.

Jurisdiction
Australia
Judgment Date
24 October 2005
Procedural Posture
Motion for Orders in Possession Proceeding / Interlocutory Decision on Motion to Strike Out Defence
Outcome
Paragraphs 1 and 5 of the defence struck out; leave granted to replead; costs reserved.
Legal Topics
['pleading' 'defence' 'strike Out' 'possessory Claims' 'costs']
['property Law'] ['pleading' 'defence' 'strike Out' 'possessory Claims' 'costs']

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Procedural Posture

Motion for Orders in Possession Proceeding / Interlocutory Decision on Motion to Strike Out Defence

Legal Issues

  1. 1 ["Whether the pleaded defence adequately raises issues relevant to the plaintiff's claim for possession" 'Whether certain paragraphs of the defence should be struck out for inadequacy or irrelevance' 'How the issue of costs should be determined in light of the defective pleadings']

Ratio Decidendi

Paragraphs 1 and 5 of the defence are struck out as they fail to adequately raise relevant issues regarding the plaintiff’s claim for possession and do not specify terms upon which the defendant contests occupation; leave is granted to replead so that substantive matters can be properly before the court.

Court Disposition

Paragraphs 1 and 5 of the defence struck out; leave granted to replead; costs reserved.

Orders

  • ['Paragraphs 1 and 5 of the defence filed by the defendant are struck out.' 'Defendant given leave to file amended defence within 28 days.' 'Costs of this motion reserved to the judge determining the action.']