White v Geerlings [2014] NSWDC 381

White v Geerlings [2014] NSWDC 381

The statement of claim disclosed no reasonable cause of action against the third and fourth defendants, and the deficiencies of the existing pleading justified striking out the claim under r 14.28 of the Uniform Civil Procedure Rules 2005.

Parties
First Plaintiff: Gary Kenneth White trading as Leading Edge Telecoms; Second Plaintiff: Patricia Kathleen White trading as Leading Edge Telecoms; First Defendant: Deborah Lea Geerlings; Second Defendant: Darcy William Ledger; Third Defendant: Focal Accounting & Taxation Services; Fourth Defendant: Michael James Gallagher
Jurisdiction
Australia
Judgment Date
10 November 2014
Procedural Posture
Civil / Application to Strike Out Statement of Claim
Outcome
statement of claim struck out as against third and fourth defendants; costs awarded to third and fourth defendants
Legal Topics
Frivolous and Vexatious, Strike Out Pleadings, Application to Amend, No Reasonable Cause of Action, Prejudice, Embarrassment, And Delay
Civil Procedure Frivolous and Vexatious Strike Out Pleadings Application to Amend No Reasonable Cause of Action Prejudice, Embarrassment, and Delay

Case Brief

Summary, issues, holding and outcome

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Parties

Gary Kenneth White trading as Leading Edge Telecoms

First Plaintiff

Patricia Kathleen White trading as Leading Edge Telecoms

Second Plaintiff

Deborah Lea Geerlings

First Defendant

Darcy William Ledger

Second Defendant

Focal Accounting & Taxation Services

Third Defendant

Michael James Gallagher

Fourth Defendant

Procedural Posture

Civil / Application to Strike Out Statement of Claim

Legal Issues

  1. 1 Whether the statement of claim discloses a reasonable cause of action against the third and fourth defendants
  2. 2 Whether the pleading causes prejudice, embarrassment, and delay to the proceedings
  3. 3 Whether leave should be granted for further attempts to amend the statement of claim

Ratio Decidendi

The statement of claim disclosed no reasonable cause of action against the third and fourth defendants, and the deficiencies of the existing pleading justified striking out the claim under r 14.28 of the Uniform Civil Procedure Rules 2005.

Court Disposition

statement of claim struck out as against third and fourth defendants; costs awarded to third and fourth defendants

Orders

  • The statement of claim is struck out as against the third and fourth defendants pursuant to Part 14.28 of the Uniform Civil Procedure Rules 2005.
  • Plaintiffs to pay the third and fourth defendants' costs of the proceedings.