Kearney v Amirbeaggi [2020] NSWSC 1035

Supreme Court New South Wales

Medium Neutral Citation: Kearney v Amirbeaggi [2020] NSWSC 1035 Hearing dates: 19 and 21 August 2019; further written submissions received 1 and 8 October 2019 Decision date: 06 August 2020 Jurisdiction: Common Law Before: Ierace J Decision: (1) The defendants' notice of motion filed on 20 June 2019 is dismissed. (2) No order as to costs. (3) Any remaining issues in respect of the production of documents by the second defendant to the plaintiff be referred to the Registrar's list on 17 August 2020 for directions. Catchwords: CIVIL PROCEDURE — summary disposal — dismissal of proceedings — whether proceedings are an abuse of process – whether plaintiff seeks to re-litigate issues decided in earlier proceedings in this Court CIVIL PROCEDURE — pleadings — form and content of pleading — defects — striking out the amended statement of claim — whether no reasonable cause of action or defence disclosed Legislation Cited: Corporations Act 2001 (Cth) Legal Profession Act 2004 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 In the matter of Optimisation Australia Pty Limited (2018) 362 ALR 374; [2018] NSWSC 31 In the matter of Optimisation Australia Pty Limited [2014] NSWSC 275 In the matter of Optimisation Australia Pty Ltd (Costs) [2018] NSWSC 280 Jones v Bradley (No 2) [2003] NSWCA 258 Rippon v Chilcotin Pty Limited (2001) 53 NSWLR 198; [2001] NSWCA 142 Shaw v New South Wales (2012) 219 IR 87; [2012] NSWCA 102 Simmons v New South Wales Trustee and Guardian [2014] NSWCA 405 Tomlinson v Ramsey Food Processing Pty Limited (2015) 256 CLR 507; [2015] HCA 28 Category: Procedural and other rulings Parties: Brian Kearney (Plaintiff) Farshad Amirbeaggi (First Defendant) ACN 111 804 383 Pty Ltd t/as Yates Beaggi Lawyers (Second Defendant) Representation: Counsel: In person (Plaintiff) F Roughley (First and Second Defendant)