Kabbara v Australian National Sports Club Incorporated [2020] NSWSC 1166

Supreme Court New South Wales

Medium Neutral Citation: Kabbara v Australian National Sports Club Incorporated [2020] NSWSC 1166 Hearing dates: 26 August 2020 Decision date: 26 August 2020 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Pursuant to r 14.28 of the Uniform Civil Procedure Rules and the Court's inherent power, strike out [335.1.3A] of the defendant's further amended defence, filed 24 June 2020, with no liberty to replead. 2. Otherwise dismiss the notice of motion filed 23 July 2020. 3. List the matter for directions as to the further conduct of the proceedings at 8.30am on Monday 31 August 2020, at which time I note that the Court will be expecting to make directions for the matter to proceed to a final hearing. Catchwords: CIVIL PROCEDURE — Pleadings — Striking out — Abuse of process — No reasonable cause of action or defence — Tendency to cause prejudice, embarrassment or delay — Where forensic decision made to limit the scope of the allegations CIVIL PROCEDURE — Separate determination of questions — Where appropriate — Where parties have previously had heard as separate questions Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Uniform Civil Procedure Rules 2005 (NSW), rr 14.28, 28.2 Cases Cited: Allandale Blue Metal Pty Ltd v Roads and Maritime Services [2013] NSWCA 103 Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Bass v Permanent Trustee Co Ltd (1999) 198 CLR 334; [1999] HCA 9 General Steel Industries v Commissioner for Railways (1964) 112 CLR 125; [1964] HCA 69 Idoport Pty Ltd v National Australia Bank Ltd [2000] NSWSC 1215 In the Matter of 1stt Fleet Pty Ltd (in liquidation) [2017] NSWSC 506 Integral Home Loans v Interstar Wholesale Finance [2006] NSWSC 1464 Johnson v Trustees of the Roman Catholic Church [2009] NSWSC 309 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421; [2019] HCA 3 Nanevski Developments Pty Ltd v Slaveski [2020] NSWSC 617 Nichols Constructions Pty Ltd v Elphick [2015] NSWSC 1732 Robbins v Royal Bank of Scotland plc [2010] NSWSC 39 Tepko Pty Ltd v Water Board (2001) 206 CLR 1; [2001] HCA 19 Tyrrell v Owners Corporation Strata Scheme 40022 [2007] NSWCA 8 UBS AG v Tyne (2018) 265 CLR 77; [2018] HCA 45 Category: Procedural and other rulings Parties: Youcef Shaouki Kabbara (First Plaintiff) Natasha Hill (Second Plaintiff) Ilham Alameddine (Third Plaintiff) Nader Tabbaa (Fourth Plaintiff) Dawood Goddard (Fifth Plaintiff) Ahmed Faysal (Sixth Plaintiff) Taj Faysal (Seventh Plaintiff) Khaldoun Moussa (Eighth Plaintiff) Bassam Barake (Ninth Plaintiff) Khalid Majid Mousa (Tenth Plaintiff) Masen Abou-Zolof (Eleventh Plaintiff) Mohamed Charchouh (Twelfth Plaintiff) Talal Elcheikh (Thirteenth Plaintiff) Ibrahim Sukari (Fourteenth Plaintiff) Wissam Faysal (Sixteenth Plaintiff) Mohammad Kourouche (Seventeenth Plaintiff) Omar Chaar (Eighteenth Plaintiff) Rowah Hassan (Nineteenth Plaintiff) Australian National Sports Club Incorporated (Defendant) Representation: Counsel: NE Furlan (Plaintiffs) K Hooper (Defendant)