Boniel v. Camilleri [1999] NSWSC 174

Boniel v. Camilleri [1999] NSWSC 174

Because the plaintiff's claim depended on extensive affidavit evidence and exhibits that did not themselves identify with precision or specificity the cause of action relied upon, it was appropriate to order that the matter proceed on pleadings so that the defendants would know the case to meet and the plaintiff would know the defences raised.

Jurisdiction
Australia
Judgment Date
09 March 1999
Procedural Posture
Corporations Law Oppression Suit With Alternative Winding Up Relief / Notice of Motion by the First, Second and Third Defendants for an Order That the Proceedings Continue on Pleadings
Outcome
Notice of motion granted; proceedings ordered to continue on pleadings with consequential orders.
Legal Topics
['oppression Proceedings' 'winding Up' 'pleadings' 'summons Procedure']
['corporations Law' 'civil Procedure'] ['oppression Proceedings' 'winding Up' 'pleadings' 'summons Procedure']

Case Brief

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Procedural Posture

Corporations Law Oppression Suit With Alternative Winding Up Relief / Notice of Motion by the First, Second and Third Defendants for an Order That the Proceedings Continue on Pleadings

Legal Issues

  1. 1 ['Whether proceedings required to be instituted by summons should nevertheless continue on pleadings under Part 5 rule 11 of the Supreme Court Rules.' 'Whether the affidavit evidence and exhibits sufficiently identified with precision and specificity the cause of action relied on by the plaintiff.']

Ratio Decidendi

Because the plaintiff's claim depended on extensive affidavit evidence and exhibits that did not themselves identify with precision or specificity the cause of action relied upon, it was appropriate to order that the matter proceed on pleadings so that the defendants would know the case to meet and the plaintiff would know the defences raised.

Court Disposition

Notice of motion granted; proceedings ordered to continue on pleadings with consequential orders.

Orders

  • ['Orders made as sought in paragraphs 2 and 3 in the notice of motion filed by the first, second and third defendants on 26 February 1999, substituting in paragraph 3 the number "21" for the number "14".' 'The costs of the notice of motion are to be the costs of the first, second and third defendants in the...