Derrick v St George Bank (No. 2) [2015] NSWSC 1163

Derrick v St George Bank (No. 2) [2015] NSWSC 1163

The proceedings were dismissed because the plaintiff had not provided any evidence to support a reasonable cause of action, failed to comply with procedural requirements, and there was no basis to order preliminary discovery as the plaintiff's assertions were unsupported and contradictory, and no relevant documents...

Source-derived case information.

Parties
Plaintiff: Oliver K J Derrick; Defendant: St George Bank
Jurisdiction
Australia
Judgment Date
17 August 2015
Procedural Posture
Civil / Application for Dismissal/preliminary Discovery
Outcome
summons and application dismissed; costs awarded to defendant
Legal Topics
Preliminary Discovery, Dismissal for No Reasonable Cause of Action, Costs
Practice and Procedure Preliminary Discovery Dismissal for No Reasonable Cause of Action Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

Oliver K J Derrick

Plaintiff

St George Bank

Defendant

Procedural Posture

Civil / Application for Dismissal/preliminary Discovery

Legal Issues

  1. 1 Whether the plaintiff's claim discloses a reasonable cause of action
  2. 2 Whether an order for preliminary discovery should be made under r 5.3 Uniform Civil Procedure Rules 2005
  3. 3 Whether the proceedings should be dismissed as disclosing no reasonable cause of action

Ratio Decidendi

The proceedings were dismissed because the plaintiff had not provided any evidence to support a reasonable cause of action, failed to comply with procedural requirements, and there was no basis to order preliminary discovery as the plaintiff's assertions were unsupported and contradictory, and no relevant documents existed.

Court Disposition

summons and application dismissed; costs awarded to defendant

Orders

  • The plaintiff's summons filed on 2 June 2015 is dismissed pursuant to r 13.4(1)(b) of the Uniform Civil Procedure Rules 2005.
  • The plaintiff's Notice of Motion of 25 June 2015 is dismissed.