Denian Enterprises Pty Ltd v Northern Beaches Enterprises Pty Limited as trustee for the Northern Beaches Trust [2021] NSWSC 109

Denian Enterprises Pty Ltd v Northern Beaches Enterprises Pty Limited as trustee for the Northern Beaches Trust [2021] NSWSC 109

The amended statement of claim is embarrassing and deficient because it does not clearly plead material facts identifying on whose behalf representations were made, fails to distinguish representations as to future matters and absence of reasonable grounds, does not adequately plead accessorial liability and knowledge/intent, and does not plead causation and loss with adequate particularity. Accordingly, the pleading must be struck out pursuant to r 14.28 UCPR, with leave to re-plead.

Jurisdiction
Australia
Judgment Date
19 February 2021
Procedural Posture
Civil / Interlocutory Ruling on Pleadings
Outcome
pleading struck out with leave to re-plead
Legal Topics
['pleadings' 'strike Out Application' 'misleading and Deceptive Conduct' 'breach of Contract' 'unfair Terms' 'negligence']
['civil Procedure'] ['pleadings' 'strike Out Application' 'misleading and Deceptive Conduct' 'breach of Contract' 'unfair Terms' 'negligence']

Case Brief

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Procedural Posture

Civil / Interlocutory Ruling on Pleadings

Legal Issues

  1. 1 ['Whether the amended statement of claim discloses clear material facts sufficient for defendants to understand the case against them' 'Whether the pleading adequately identifies on whose behalf representations were made, whether representations are as to future matters, basis for accessorial liability, and causation/loss']

Ratio Decidendi

The amended statement of claim is embarrassing and deficient because it does not clearly plead material facts identifying on whose behalf representations were made, fails to distinguish representations as to future matters and absence of reasonable grounds, does not adequately plead accessorial liability and knowledge/intent, and does not plead causation and loss with adequate particularity. Accordingly, the pleading must be struck out pursuant to r 14.28 UCPR, with leave to re-plead.

Court Disposition

pleading struck out with leave to re-plead

Orders

  • ['The amended statement of claim filed 26 June 2020 is struck out pursuant to r 14.28 of the Uniform Civil Procedure Rules 2005 (NSW).' 'Leave to the plaintiffs to re-plead.' 'Any further amended statement of claim is to be filed and served by 19 March 2021.' 'The plaintiffs are to pay the costs of the second and...