Muc v AON Risk Services Australia Limited [2007] FCA 901

FEDERAL COURT OF AUSTRALIA

Muc v AON Risk Services Australia Limited [2007] FCA 901

Practice and procedure – statement of claims struck out – incoherent pleading KATARINA MUC, DAVID WARD SOMERFIELD, GREGORY HARRISON HEALEY, PEMPRO PTY LTD, JOANNA BROUWER, TILTDALE PTY LTD, STANDCORP LTD, DIAMOND PROPERTY PTY LTD AND BULWICK PTY LTD v AON RISK SERVICES AUSTRALIA LIMITED, CGU INSURANCE LIMITED, VERO INSURANCE LIMITED (FORMERLY ROYAL & SUN ALLIANCE), GERLING AUSTRALIA INSURANCE CO PTY LIMITED AND ALLIANZ AUSTRALIA INSURANCE LIMITED NSD 2555 OF 2006

ALLSOP J

8 JUNE 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2555 OF 2006

BETWEEN: KATARINA MUC

First Applicant

DAVID WARD SOMERFIELD

Second Applicant

GREGORY HARRISON HEALEY

Third Applicant

PEMPRO PTY LTD

Fourth Applicant

JOANNA BROUWER

Fifth Applicant

TILTDALE PTY LTD

Sixth Applicant

STANDCORP LTD

Seventh Applicant

DIAMOND PROPERTY PTY LTD

Eighth Applicant

BULWICK PTY LTD

Ninth Applicant

AND: AON RISK SERVICES AUSTRALIA LIMITED

First Respondent

CGU INSURANCE LIMITED

Second Respondent

VERO INSURANCE LIMITED (FORMERLY ROYAL & SUN ALLIANCE)

Third Respondent

GERLING AUSTRALIA INSURANCE CO PTY LIMITED

Fourth Respondent

ALLIANZ AUSTRALIA INSURANCE LIMITED

Fifth Respondent

JUDGE: ALLSOP J DATE OF ORDER: 8 JUNE 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The notice of motion filed 29 May 2007 by the applicants be dismissed with costs. 2. In respect of the notice of motion filed by the first respondent and the amended notice of motion filed by the second to fifth respondents: (a) the whole of the statement of claim filed on behalf of the applicants on 22 February 2007 be struck out; and (b) the applicants pay the costs of the respondents of the motions. 3. On or before 13 July 2007, the applicants serve upon the solicitors for the respondents a letter setting out: (a) each and every claim in summary form made by the applicants against the respondents; (b) an identification of what is presently known as to the quantum of each claim; and (c) the basis on which the Federal Court of Australia is said to have jurisdiction to hear such claims. 4. The matter stand over to 19 July 2007 at 9:30 am at which time the Court can be informed as to whether there is any claim in respect of which the applicants have a basis to think that this Court has jurisdiction to hear. THE COURT NOTES THAT: 5. On 19 July 2007, the Court will deal with the question of costs including the questions of the appropriate level of payment of costs from the commencement of these proceeding up to and including 19 July 2007.