Prime Capital Securities Pty Ltd v Azizi [2023] NSWSC 297

Prime Capital Securities Pty Ltd v Azizi [2023] NSWSC 297

The defences filed by the defendants fail to comply with pleading requirements as they do not disclose any substantive defence to the plaintiff's claim and amount to a plea of the general issue contrary to the rules; accordingly, they are struck out.

Parties
Plaintiff: Prime Capital Securities Pty Ltd; First Defendant: Jacqueline Mary Azizi; Second Defendant: Hasna Azizi
Jurisdiction
Australia
Judgment Date
29 March 2023
Procedural Posture
Civil / Interlocutory Ruling on Defences
Outcome
Defences struck out; leave to re-plead; matter stood over for further directions
Legal Topics
Pleadings, Possession Proceedings, Defences, Uniform Civil Procedure Rules
Civil Procedure Pleadings Possession Proceedings Defences Uniform Civil Procedure Rules

Case Brief

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Parties

Prime Capital Securities Pty Ltd

Plaintiff

Jacqueline Mary Azizi

First Defendant

Hasna Azizi

Second Defendant

Procedural Posture

Civil / Interlocutory Ruling on Defences

Legal Issues

  1. 1 Whether the defences filed disclosed a defence to the plaintiff's claim for possession of land
  2. 2 Whether the defences pleaded were properly pleaded in accordance with Uniform Civil Procedure Rules 2005 (NSW) r 14.20

Ratio Decidendi

The defences filed by the defendants fail to comply with pleading requirements as they do not disclose any substantive defence to the plaintiff's claim and amount to a plea of the general issue contrary to the rules; accordingly, they are struck out.

Court Disposition

Defences struck out; leave to re-plead; matter stood over for further directions

Orders

  • Defences filed 20 February 2023 struck out.
  • Any further defences to be filed and served by 6 April 2023.