Khanna v Baweja [2017] NSWDC 388

Khanna v Baweja [2017] NSWDC 388

The plaintiff's current pleading is embarrassing and fails to disclose a reasonable cause of action; thus, all existing pleadings are to be struck out and no further applications may be made until leave is granted to file a further amended Statement of Claim.

Jurisdiction
Australia
Judgment Date
01 September 2017
Procedural Posture
Civil / Interlocutory Motions
Outcome
Existing pleadings struck out. Plaintiff to pay today's costs. No further motions without leave. Leave for defendants to renew applications for dismissal if no amended claim allowed by 31 October 2017.
Legal Topics
['striking Out Pleadings' 'summary Dismissal' 'pleadings' 'abuse of Process']
['civil Procedure'] ['striking Out Pleadings' 'summary Dismissal' 'pleadings' 'abuse of Process']

Case Brief

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Procedural Posture

Civil / Interlocutory Motions

Legal Issues

  1. 1 ["Whether the plaintiff's pleading discloses a reasonable cause of action" "Whether the plaintiff's claim is embarrassingly unclear" 'Whether the proceedings are an abuse of process due to prior NCAT consideration']

Ratio Decidendi

The plaintiff's current pleading is embarrassing and fails to disclose a reasonable cause of action; thus, all existing pleadings are to be struck out and no further applications may be made until leave is granted to file a further amended Statement of Claim.

Court Disposition

Existing pleadings struck out. Plaintiff to pay today's costs. No further motions without leave. Leave for defendants to renew applications for dismissal if no amended claim allowed by 31 October 2017.

Orders

  • ['Strike out all existing pleadings of the plaintiff, including the Amended Statement of Claim filed 15 June 2017.' 'No motion to be filed by the plaintiff other than seeking leave to file a Further Amended Statement of Claim and, if desired, joinder of Mrs Khanna as a plaintiff, and no notices to produce until such...