Norman v Wall (No. 5) [2020] NSWSC 1062

Norman v Wall (No. 5) [2020] NSWSC 1062

Although the plaintiffs' repeated draft pleadings were late, prolix and included large amounts of irrelevant material, each iteration contained severable material facts that could ground a potential claim against Wrothwell Wall concerning funds paid into his trust account. In light of the plaintiffs' lack of legal representation, the unsuccessful Pro Bono Scheme referral, the overriding purpose of just, quick and cheap resolution, and the dictates of justice, the appropriate course was to allow one final opportunity to file and serve a rule-compliant further amended statement of claim strictly limited to professional negligence, breach of fiduciary duty and breach of trust against...

Jurisdiction
Australia
Judgment Date
14 August 2020
Procedural Posture
Civil Procedure Ruling in Proceedings Limited to Potential Professional Negligence, Breach of Fiduciary Duty and Breach of Trust Claims Against a Solicitor / Consideration of Whether to Permit Filing of a Further Amended Statement of Claim and Whether to Strike Out Parts of the Pleading Under R 14.28 of the Uniform Civil Procedure Rules 2005 (nsw) After a Dismissal Order Was Set Aside
Outcome
Leave granted to file and serve a further amended statement of claim limited to professional negligence, breach of fiduciary duty and breach of trust against Wrothwell Wall; proceedings to be dismissed with costs if no FASOC is filed and served by the specified time.
Legal Topics
['statement of Claim Form and Content' 'strike Out of Pleadings' 'case Management' 'self Represented Litigants' 'pro Bono Scheme Referral' 'leave to Amend' 'want of Due Despatch']
['civil Procedure' 'professional Negligence' 'equity' 'trusts'] ['statement of Claim Form and Content' 'strike Out of Pleadings' 'case Management' 'self Represented Litigants' 'pro Bono Scheme Referral' 'leave to Amend' 'want of Due Despatch']

Case Brief

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Procedural Posture

Civil Procedure Ruling in Proceedings Limited to Potential Professional Negligence, Breach of Fiduciary Duty and Breach of Trust Claims Against a Solicitor / Consideration of Whether to Permit Filing of a Further Amended Statement of Claim and Whether to Strike Out Parts of the Pleading Under R 14.28 of the Uniform Civil Procedure Rules 2005 (nsw) After a Dismissal Order Was Set Aside

Legal Issues

  1. 1 ['Whether the Court should apply r 14.28 of the Uniform Civil Procedure Rules 2005 (NSW) despite the absence of a formal application by the plaintiffs.' 'Whether the plaintiffs should be given one last opportunity to file and serve a further amended statement of claim limited to professional negligence, breach of fiduciary duty and breach of trust against Wrothwell Wall.' 'Whether the pleaded material contained severable material facts capable of grounding a potential case against Wrothwell Wall, notwithstanding irrelevant and prolix material.' "Whether the proceedings should instead be dismissed because the plaintiffs' pleadings remained diffuse, confused and non-specific after repeated opportunities to amend."]

Ratio Decidendi

Although the plaintiffs' repeated draft pleadings were late, prolix and included large amounts of irrelevant material, each iteration contained severable material facts that could ground a potential claim against Wrothwell Wall concerning funds paid into his trust account. In light of the plaintiffs' lack of legal representation, the unsuccessful Pro Bono Scheme referral, the overriding purpose of just, quick and cheap resolution, and the dictates of justice, the appropriate course was to allow one final opportunity to file and serve a rule-compliant further amended statement of claim strictly limited to professional negligence, breach of fiduciary duty and breach of trust against...

Court Disposition

Leave granted to file and serve a further amended statement of claim limited to professional negligence, breach of fiduciary duty and breach of trust against Wrothwell Wall; proceedings to be dismissed with costs if no FASOC is filed and served by the specified time.

Orders

  • ['The plaintiffs have leave to file a further amended statement of claim limited to a case in professional negligence, breach of fiduciary duty and breach of trust against Wrothwell Wall, that FASOC to be filed and served by 5:00pm on 28 August 2020.' "If no FASOC is filed and served by the time specified in order...