Reid v Hartcher [2017] NSWSC 1274

Reid v Hartcher [2017] NSWSC 1274

The statement of claim is struck out and leave to file the proposed amended statement of claim is refused because the pleadings do not clearly and sufficiently particularise the elements of the tort of deceit, including falsity, defendant's knowledge of falsity, intention that the plaintiff rely, and causation of loss. The limitation issue is not sufficiently clear and discrete to warrant separate determination. Each party is to bear its own costs of the motion.

Jurisdiction
Australia
Judgment Date
28 September 2017
Procedural Posture
Tort of Deceit / Ruling on Motion to Strike Out Claim and Procedure for Amendment
Outcome
Statement of claim struck out; leave to file amended claim refused; limitation issue not to be heard separately; each party to pay own costs.
Legal Topics
['tort of Deceit' 'fraud Pleadings' 'strike Out Pleadings' 'limitation Period' 'particularisation' 'damages']
['civil Procedure'] ['tort of Deceit' 'fraud Pleadings' 'strike Out Pleadings' 'limitation Period' 'particularisation' 'damages']

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Procedural Posture

Tort of Deceit / Ruling on Motion to Strike Out Claim and Procedure for Amendment

Legal Issues

  1. 1 ['Whether the pleading of deceit sufficiently pleads the elements of the tort' 'Whether the statement of claim should be struck out' 'Whether leave should be granted to file amended statement of claim' 'Whether limitation issue should be determined separately']

Ratio Decidendi

The statement of claim is struck out and leave to file the proposed amended statement of claim is refused because the pleadings do not clearly and sufficiently particularise the elements of the tort of deceit, including falsity, defendant's knowledge of falsity, intention that the plaintiff rely, and causation of loss. The limitation issue is not sufficiently clear and discrete to warrant separate determination. Each party is to bear its own costs of the motion.

Court Disposition

Statement of claim struck out; leave to file amended claim refused; limitation issue not to be heard separately; each party to pay own costs.

Orders

  • ['Statement of claim filed 28 April 2017 struck out.' 'Leave to file amended statement of claim dated 8 September 2017 refused.' 'Plaintiff to serve proposed amended statement of claim on defendant by 5pm on 27 October 2017.' 'Defendant to notify plaintiff by 5pm on 10 November 2017 whether it consents to filing of...