Cassis & Anor v Kalfus [2002] NSWSC 163

Cassis & Anor v Kalfus [2002] NSWSC 163

The amended statement of claim filed on 14 January 2002 is struck out because it fails to comply with the requirements set out by the Court of Appeal, particularly as to the clear pleading of causation and quantum of damages for each distinct cause of action and distinguishing between the different bases of duty alleged. The plaintiffs are to be permitted to replead.

Parties
First Plaintiff: Sami Alfred Cassis; Second Plaintiff: Giselle Cassis; Defendant: Marcel Isador Kalfus
Jurisdiction
Australia
Judgment Date
15 March 2002
Procedural Posture
Professional Negligence / Interlocutory Application to Strike Out Statement of Claim
Outcome
Amended statement of claim is struck out with leave to replead. Plaintiffs are to pay the defendant's costs of the motion.
Legal Topics
Pleading, Striking Out Statement of Claim, Solicitor Client Relationship, Fiduciary Duties, Causation and Quantum of Damages
Professional Negligence Civil Procedure Pleading Striking Out Statement of Claim Solicitor Client Relationship Fiduciary Duties Causation and Quantum of Damages

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Parties

Sami Alfred Cassis

First Plaintiff

Giselle Cassis

Second Plaintiff

Marcel Isador Kalfus

Defendant

Procedural Posture

Professional Negligence / Interlocutory Application to Strike Out Statement of Claim

Legal Issues

  1. 1 Whether the amended statement of claim complies with the Court of Appeal's order to plead issues of causation and quantum in relation to each cause of action
  2. 2 Whether the pleading sufficiently distinguishes between duties arising from solicitor-client and fiduciary relationships
  3. 3 Whether sufficient particulars have been provided for the agreements and arrangements alleged to be unlawful or unenforceable

Ratio Decidendi

The amended statement of claim filed on 14 January 2002 is struck out because it fails to comply with the requirements set out by the Court of Appeal, particularly as to the clear pleading of causation and quantum of damages for each distinct cause of action and distinguishing between the different bases of duty alleged. The plaintiffs are to be permitted to replead.

Court Disposition

Amended statement of claim is struck out with leave to replead. Plaintiffs are to pay the defendant's costs of the motion.

Orders

  • The amended statement of claim filed on 14 January 2002 is struck out, but plaintiffs may replead to address matters identified in the judgment.
  • Plaintiffs to have leave to file a further amended statement of claim within twenty-one days.