Hughes v Fong [2016] NSWSC 1451

Hughes v Fong [2016] NSWSC 1451

Claims of the plaintiffs, though based on separate transactions, are sufficiently connected by the misconduct of a common financial planner; the requirements of UCPR r 6.19 are met and joinder is permissible, subject to the plaintiffs re-pleading so that individual claims are identifiable.

Jurisdiction
Australia
Judgment Date
13 October 2016
Procedural Posture
Interlocutory Application / Application to Strike Out Statement of Claim
Outcome
Application dismissed
Legal Topics
['joinder of Parties' 'adequacy of Pleadings' 'professional Negligence']
['civil Procedure'] ['joinder of Parties' 'adequacy of Pleadings' 'professional Negligence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application / Application to Strike Out Statement of Claim

Legal Issues

  1. 1 ['Whether the joinder of 17 plaintiffs in one statement of claim complies with rule 6.19 of the Uniform Civil Procedure Rules 2005 (NSW)' 'Adequacy of pleadings for multiple plaintiffs' 'Whether claims arise out of the same transaction or series of transactions']

Ratio Decidendi

Claims of the plaintiffs, though based on separate transactions, are sufficiently connected by the misconduct of a common financial planner; the requirements of UCPR r 6.19 are met and joinder is permissible, subject to the plaintiffs re-pleading so that individual claims are identifiable.

Court Disposition

Application dismissed

Orders

  • ["The second defendant's application to strike out the statement of claim as having been filed contrary to rule 6.19 Uniform Civil Procedure Rules (2005) is dismissed." 'Parties are directed to bring in short minutes of order giving effect to reasons and for the future management of the proceedings.' 'Court will...