Burrell Solicitors Pty Limited v Reavill Farm Pty Limited [2014] NSWSC 569

Burrell Solicitors Pty Limited v Reavill Farm Pty Limited [2014] NSWSC 569

Strike out dismissed as claim is fairly arguable, despite novelty and potential remoteness of some damages; the fifth defendant not struck out as allegations are arguably made against it; security for costs not ordered as plaintiffs' funding issues are due to defendants' conduct (stay of judgments). Leave granted to amend notice of motion and to discontinue against sixth defendant. Applicants to pay costs of motion to date.

Jurisdiction
Australia
Judgment Date
08 May 2014
Procedural Posture
Equity Division Proceedings / Determination of Notice of Motion to Strike Out Statement of Claim and for Security for Costs
Outcome
Application to strike-out Statement of Claim dismissed; leave to amend Notice of Motion granted; leave to discontinue against sixth defendant; applicants to pay costs of motion to date.
Legal Topics
['strike Out Application' 'security for Costs' 'case Management' 'consolidation of Proceedings' 'false and Misleading Representations' 'breach of Contract' 'estoppel' 'unconscionable Conduct']
['practice and Procedure' 'contracts' 'equity' 'bankruptcy' 'competition and Consumer Law'] ['strike Out Application' 'security for Costs' 'case Management' 'consolidation of Proceedings' 'false and Misleading Representations' 'breach of Contract' 'estoppel' 'unconscionable Conduct']

Case Brief

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Procedural Posture

Equity Division Proceedings / Determination of Notice of Motion to Strike Out Statement of Claim and for Security for Costs

Legal Issues

  1. 1 ['Whether Statement of Claim should be struck out for failure to disclose a cause of action or abuse of process' 'Whether security for costs should be ordered' 'Whether proceedings should be consolidated with concurrent proceedings' 'Whether damages claimed are too remote' 'Whether leave should be granted to amend notice of motion' 'Whether leave should be granted to plaintiffs to discontinue against sixth defendant']

Ratio Decidendi

Strike out dismissed as claim is fairly arguable, despite novelty and potential remoteness of some damages; the fifth defendant not struck out as allegations are arguably made against it; security for costs not ordered as plaintiffs' funding issues are due to defendants' conduct (stay of judgments). Leave granted to amend notice of motion and to discontinue against sixth defendant. Applicants to pay costs of motion to date.

Court Disposition

Application to strike-out Statement of Claim dismissed; leave to amend Notice of Motion granted; leave to discontinue against sixth defendant; applicants to pay costs of motion to date.

Orders

  • ['The claims made in the notice of motion filed by the defendants on 21 May 2014 are dismissed.' 'The defendants are to pay the costs of the notice of motion to date. Further costs are reserved.' 'Leave to discontinue against the sixth defendant. Note that it was never served.' 'Leave to amend the notice of motion...