Dunn v Kim [2020] NSWDC 887

Dunn v Kim [2020] NSWDC 887

The amended statement of claim is struck out as defective because Discover The Earth Pty Ltd, a joint party to relief under the contracts, is not joined, and there is no proper pleading connecting Ms Kim to the contractual obligations. Leave is granted for Dunn to re-plead only if Discover The Earth Pty Ltd is properly joined.

Jurisdiction
Australia
Judgment Date
04 September 2020
Procedural Posture
Civil / Procedural Ruling on Pleadings; Strike Out and Stay
Outcome
Statement of claim struck out, stay in place, costs ordered, leave to re-plead granted under conditions.
Legal Topics
['summary Disposal' 'pleadings' 'striking Out' 'joinder of Parties']
['civil Procedure'] ['summary Disposal' 'pleadings' 'striking Out' 'joinder of Parties']

Case Brief

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Procedural Posture

Civil / Procedural Ruling on Pleadings; Strike Out and Stay

Legal Issues

  1. 1 ['Whether the amended statement of claim should be struck out' 'Whether Discover The Earth Pty Ltd must be joined as a party for claims on the contract' 'Whether Ms Kim is a proper party to the proceedings' 'Whether further indulgence should be granted to file a proper pleading']

Ratio Decidendi

The amended statement of claim is struck out as defective because Discover The Earth Pty Ltd, a joint party to relief under the contracts, is not joined, and there is no proper pleading connecting Ms Kim to the contractual obligations. Leave is granted for Dunn to re-plead only if Discover The Earth Pty Ltd is properly joined.

Court Disposition

Statement of claim struck out, stay in place, costs ordered, leave to re-plead granted under conditions.

Orders

  • ['Strike out the Amended Statement of Claim pursuant to r 14.28 of the Uniform Civil Procedure Rules 2005.' 'Stay these proceedings in respect of any claim on the pool contracts until Discover the Earth Pty Ltd (ACN 134 345 654) is properly joined to the proceedings.' 'Grant leave to the defendants to apply to have...