Vedda v Co-ordination Co-operative Ltd [2021] NSWSC 206

Vedda v Co-ordination Co-operative Ltd [2021] NSWSC 206

The amended statement of claim is deficient as it fails to disclose a reasonable cause of action and is embarrassing; it is appropriate to strike it out and refer the plaintiff for pro bono legal assistance before any further action is taken on her claim.

Parties
Plaintiff: Urshla Kattin Vedda; Defendant: Co-ordination Co-operative Ltd
Jurisdiction
Australia
Judgment Date
10 March 2021
Procedural Posture
Civil Proceedings / Pre Trial Motion; Strike Out Application
Outcome
Amended statement of claim struck out; plaintiff referred for pro bono legal assistance; plaintiff to prepare a further amended statement of claim; costs awarded to defendant; balance of notice of motion stood over.
Legal Topics
Summary Disposal, Pleadings, Striking Out, Costs
Civil Procedure Summary Disposal Pleadings Striking Out Costs

Case Brief

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Parties

Urshla Kattin Vedda

Plaintiff

Co-ordination Co-operative Ltd

Defendant

Procedural Posture

Civil Proceedings / Pre Trial Motion; Strike Out Application

Legal Issues

  1. 1 Whether the amended statement of claim discloses a reasonable cause of action
  2. 2 Whether the pleading is embarrassing, vexatious, or otherwise liable to be struck out
  3. 3 Whether the plaintiff should be referred for pro bono legal assistance

Ratio Decidendi

The amended statement of claim is deficient as it fails to disclose a reasonable cause of action and is embarrassing; it is appropriate to strike it out and refer the plaintiff for pro bono legal assistance before any further action is taken on her claim.

Court Disposition

Amended statement of claim struck out; plaintiff referred for pro bono legal assistance; plaintiff to prepare a further amended statement of claim; costs awarded to defendant; balance of notice of motion stood over.

Orders

  • Strike out the amended statement of claim filed on 3 July 2020.
  • Plaintiff to pay the defendant's costs of the defendant's motion filed 14 September 2020 to date.