Ferrier v McRae (No 2) [2015] NSWSC 1537

Ferrier v McRae (No 2) [2015] NSWSC 1537

The amended statement of claim is struck out in its entirety for failure to disclose a reasonable cause of action, particularly where allegations are inadequately particularised and inconsistent with available records. Limited leave to re-plead is granted solely for the 'Paynes Find Gold' claim to ensure procedural fairness, subject to the provision of an affidavit explaining disputed corporate records.

Parties
Plaintiff: Mark James Ferrier; Defendant: Adrian McRae
Jurisdiction
Australia
Judgment Date
09 October 2015
Procedural Posture
Injurious Falsehood Application / Interlocutory (strike Out/leave to Re Plead)
Outcome
Amended statement of claim struck out; leave to re-plead limited to Paynes Find Gold claim; directions for further pleading and affidavit; order for costs against plaintiff.
Legal Topics
Injurious Falsehood, Pleadings, Striking Out Statement of Claim, Leave to Re Plead
Tort Law Procedural Law Injurious Falsehood Pleadings Striking Out Statement of Claim Leave to Re Plead

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Parties

Mark James Ferrier

Plaintiff

Adrian McRae

Defendant

Procedural Posture

Injurious Falsehood Application / Interlocutory (strike Out/leave to Re Plead)

Legal Issues

  1. 1 Whether the amended statement of claim discloses any reasonable cause of action for injurious falsehood
  2. 2 Whether the plaintiff should have leave to re-plead any part of his claim

Ratio Decidendi

The amended statement of claim is struck out in its entirety for failure to disclose a reasonable cause of action, particularly where allegations are inadequately particularised and inconsistent with available records. Limited leave to re-plead is granted solely for the 'Paynes Find Gold' claim to ensure procedural fairness, subject to the provision of an affidavit explaining disputed corporate records.

Court Disposition

Amended statement of claim struck out; leave to re-plead limited to Paynes Find Gold claim; directions for further pleading and affidavit; order for costs against plaintiff.

Orders

  • The amended statement of claim filed 17 September 2015 is struck out.
  • The plaintiff has leave to re-plead solely the claim under 'Paynes Find Gold' and 'The Paynes Allegations'; leave does not extend to other claims.