Walton Construction Pty Limited v Illawarra Hotel Company Pty Limited [2008] NSWSC 1248

Walton Construction Pty Limited v Illawarra Hotel Company Pty Limited [2008] NSWSC 1248

The court struck out paragraphs 11 to 13 of the cross-claim as they lacked adequate particulars or legal basis, and granted leave to amend. Security for costs was not ordered against Illawarra Hotel for Walton's cross-claim defence as the requisite jurisdictional fact was not established. The application to join additional cross-claimants and for leave to add an alternative damages claim was refused for lack of legal or factual basis. Orders were made for Walton to provide security for costs on Illawarra Hotel's claim, and no order was made for the costs of the notices of motion due to mixed outcomes.

Jurisdiction
Australia
Judgment Date
11 November 2008
Procedural Posture
Civil / Interlocutory Applications (ex Temp. Judgment on Motions to Strike Out, Amend, and for Security for Costs)
Outcome
Interlocutory orders; some claims struck out with leave to amend; security for costs ordered; costs of motions—no order as to costs.
Legal Topics
['pleading Requirements' 'security for Costs' 'cross Claims' 'misleading or Deceptive Conduct' 'joinder of Parties']
['civil Procedure' 'contracts' 'commercial Law'] ['pleading Requirements' 'security for Costs' 'cross Claims' 'misleading or Deceptive Conduct' 'joinder of Parties']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Interlocutory Applications (ex Temp. Judgment on Motions to Strike Out, Amend, and for Security for Costs)

Legal Issues

  1. 1 ['Whether paragraphs 10 to 13, 14 to 19, and 20 to 25 of the cross-claim should be struck out for lack of particulars or legal grounds.' 'Whether leave should be granted to amend the cross-claim to join additional parties and add alternative claims.' 'Whether either party should provide security for costs and in what amount.' 'Whether the claims for damages and misleading or deceptive conduct were adequately pleaded.']

Ratio Decidendi

The court struck out paragraphs 11 to 13 of the cross-claim as they lacked adequate particulars or legal basis, and granted leave to amend. Security for costs was not ordered against Illawarra Hotel for Walton's cross-claim defence as the requisite jurisdictional fact was not established. The application to join additional cross-claimants and for leave to add an alternative damages claim was refused for lack of legal or factual basis. Orders were made for Walton to provide security for costs on Illawarra Hotel's claim, and no order was made for the costs of the notices of motion due to mixed outcomes.

Court Disposition

Interlocutory orders; some claims struck out with leave to amend; security for costs ordered; costs of motions—no order as to costs.

Orders

  • ['Paragraphs 11 to 13 of the cross-claim list statement struck out.' 'Liberty to the cross-claimant to file an amended cross-claim list statement.' 'Any amended cross-claim list statement to be filed and served by 28 November 2008.' 'Cross-claimant to serve a Scott Schedule in relation to claim for...