Constantinidis v Kehagiadis [2011] NSWSC 974

Constantinidis v Kehagiadis [2011] NSWSC 974

Other than the two claims relating to the Saglimbeni judgment enforcement and Victims Compensation application, the Plaintiffs' Statement of Claim is embarrassing, does not disclose an arguable cause of action, or is hopeless in law. Plaintiffs are given leave to replead only the two specified claims, and all other claims are struck out or refused. Further amendments are strictly confined to those claims, and deadlines are set for filing. Plaintiffs' application for pro bono referral is refused; costs of the motion are to be paid by Plaintiffs.

Parties
First Plaintiff: George Constantinidis; Second Plaintiff: Gemma Constantinidis; Defendant: Meropi Kehagiadis
Jurisdiction
Australia
Judgment Date
02 September 2011
Procedural Posture
Civil / Interlocutory—ruling on Motion to Amend Statement of Claim
Outcome
Notice of Motion dismissed; leave granted to replead only specified claims; pro bono referral refused; costs awarded to Defendant.
Legal Topics
Pleadings, Amendment of Statement of Claim, Strike Out Applications, Duty of Care—solicitors, Negligence—professional Conduct, Costs, Professional Liability, Misleading Conduct
Civil Procedure Pleadings Amendment of Statement of Claim Strike Out Applications Duty of Care—solicitors Negligence—professional Conduct Costs Professional Liability +1 more

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Parties

George Constantinidis

First Plaintiff

Gemma Constantinidis

Second Plaintiff

Meropi Kehagiadis

Defendant

Procedural Posture

Civil / Interlocutory—ruling on Motion to Amend Statement of Claim

Legal Issues

  1. 1 Whether the Amended Statement of Claim discloses causes of action
  2. 2 Whether leave should be granted to amend the Statement of Claim
  3. 3 Whether claims are embarrassing or fail to disclose material facts

Ratio Decidendi

Other than the two claims relating to the Saglimbeni judgment enforcement and Victims Compensation application, the Plaintiffs' Statement of Claim is embarrassing, does not disclose an arguable cause of action, or is hopeless in law. Plaintiffs are given leave to replead only the two specified claims, and all other claims are struck out or refused. Further amendments are strictly confined to those claims, and deadlines are set for filing. Plaintiffs' application for pro bono referral is refused; costs of the motion are to be paid by Plaintiffs.

Court Disposition

Notice of Motion dismissed; leave granted to replead only specified claims; pro bono referral refused; costs awarded to Defendant.

Orders

  • Plaintiffs' Notice of Motion filed 30 June 2011 dismissed.
  • Any further application to file/amend Statement of Claim is confined to the claims discussed in section (2) of the judgment.