Galea v Stromer [2013] NSWSC 1720

Galea v Stromer [2013] NSWSC 1720

The list statement and list response failed to adequately plead material facts regarding breaches or proportionate liability, thus warranting strike out of the relevant pleadings with leave to replead.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 November 2013
Procedural Posture
Procedural and Other Rulings / Application to Strike Out Pleadings
Outcome
Relevant allegations in the list statement and list response struck out with leave to replead.
Legal Topics
['pleadings' 'apportionable Claim' 'concurrent Liability' 'proportionate Liability']
['practice and Procedure'] ['pleadings' 'apportionable Claim' 'concurrent Liability' 'proportionate Liability']

Source-derived case record

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Procedural Posture

Procedural and Other Rulings / Application to Strike Out Pleadings

Legal Issues

  1. 1 ['Whether allegations in the list statement and list response sufficiently pleaded breaches of duty and claims of proportionate liability.' 'Principles to apply for striking out pleadings in apportionable claim cases under Civil Liability Act 2002 (NSW).']

Ratio Decidendi

The list statement and list response failed to adequately plead material facts regarding breaches or proportionate liability, thus warranting strike out of the relevant pleadings with leave to replead.

Court Disposition

Relevant allegations in the list statement and list response struck out with leave to replead.

Orders

  • ["Relevant portions of the second further amended list statement and of the first and second defendants' list response are struck out." 'Leave granted to replead.' 'Third to sixth defendants each to have the costs orders sought in their notice of motion.' "First and second defendants to pay the plaintiff's costs of...