Masadabanc International Group Pty Limited v Michael Sfar & Ors [2005] NSWSC 500

Masadabanc International Group Pty Limited v Michael Sfar & Ors [2005] NSWSC 500

The claims against the fourth, fifth, and sixth defendants are struck out because the statement of claim does not advance any cause of action against them, and the plaintiff cannot presently formulate an amended claim. Costs are ordered on an indemnity basis due to the manifest hopelessness of the case against these defendants.

Parties
Plaintiff: Masadabanc International Group Pty Limited; First Defendant: Michael Sfar; Second Defendant: Hassy Sfar; Third Defendant: Justin Zappacosts aka Guistino Zappacosta; Fourth Defendant: United Industries International Pty Limited; Fifth Defendant: Maria Ugov; Sixth Defendant: Maurizia Zappacosta
Jurisdiction
Australia
Judgment Date
26 May 2005
Procedural Posture
Civil / Notice of Motion – Strike Out Application
Outcome
The claims against the fourth, fifth, and sixth defendants are struck out. Plaintiff to pay their costs to date, on an indemnity basis.
Legal Topics
Amendment of Pleadings, Strike Out Proceedings, Costs – Indemnity Basis
Civil Procedure Amendment of Pleadings Strike Out Proceedings Costs – Indemnity Basis

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 2 Party arguments 2
Sign in to unlock

Parties

Masadabanc International Group Pty Limited

Plaintiff

Michael Sfar

First Defendant

Hassy Sfar

Second Defendant

Justin Zappacosts aka Guistino Zappacosta

Third Defendant

United Industries International Pty Limited

Fourth Defendant

Maria Ugov

Fifth Defendant

Maurizia Zappacosta

Sixth Defendant

Procedural Posture

Civil / Notice of Motion – Strike Out Application

Legal Issues

  1. 1 Whether the statement of claim discloses a cause of action against the fourth, fifth, and sixth defendants
  2. 2 Whether the claims against the fourth, fifth, and sixth defendants should be struck out
  3. 3 Entitlement to costs on an indemnity basis

Ratio Decidendi

The claims against the fourth, fifth, and sixth defendants are struck out because the statement of claim does not advance any cause of action against them, and the plaintiff cannot presently formulate an amended claim. Costs are ordered on an indemnity basis due to the manifest hopelessness of the case against these defendants.

Court Disposition

The claims against the fourth, fifth, and sixth defendants are struck out. Plaintiff to pay their costs to date, on an indemnity basis.

Orders

  • The claims against the fourth, fifth, and sixth defendants are struck out.
  • The plaintiff is to pay the costs of the fourth, fifth, and sixth defendants to date; costs to be paid on an indemnity basis.