Von Reisner v Chepurin [2013] NSWSC 150

Von Reisner v Chepurin [2013] NSWSC 150

The statement of claim is defective and incomprehensible; the plaintiff, despite notice and ample opportunity, has failed to amend it or provide adequate expert evidence to support her claims. The history of adjournments and failure to progress the case prejudices the defendants. In the interests of justice, leave to replead is refused and the proceedings are dismissed.

Jurisdiction
Australia
Judgment Date
05 March 2013
Procedural Posture
Civil / Application for Dismissal and for Leave to Amend Statement of Claim
Outcome
Statement of claim dismissed; leave to amend refused; costs to defendants.
Legal Topics
['dismissal of Proceedings' 'amendment of Statement of Claim' 'costs' 'procedural Fairness' 'abuse of Process']
['civil Procedure'] ['dismissal of Proceedings' 'amendment of Statement of Claim' 'costs' 'procedural Fairness' 'abuse of Process']

Case Brief

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Procedural Posture

Civil / Application for Dismissal and for Leave to Amend Statement of Claim

Legal Issues

  1. 1 ['Whether the plaintiff should be granted leave to file an amended statement of claim' 'Whether the statement of claim should be dismissed for failure to comply with procedural requirements']

Ratio Decidendi

The statement of claim is defective and incomprehensible; the plaintiff, despite notice and ample opportunity, has failed to amend it or provide adequate expert evidence to support her claims. The history of adjournments and failure to progress the case prejudices the defendants. In the interests of justice, leave to replead is refused and the proceedings are dismissed.

Court Disposition

Statement of claim dismissed; leave to amend refused; costs to defendants.

Orders

  • ['The statement of claim filed 12 November 2010 is dismissed.' 'Leave is not granted to the plaintiff to file an amended statement of claim.' "The plaintiff is to pay the defendants' costs of the proceedings on an ordinary basis as agreed or assessed."]