Sidgreaves v State of New South Wales [2020] NSWSC 1460

Supreme Court New South Wales

Medium Neutral Citation: Sidgreaves v State of New South Wales [2020] NSWSC 1460 Hearing dates: 13 February 2020 Decision date: 21 October 2020 Jurisdiction: Common Law Before: Ierace J Decision: (1) Pursuant to r 14.28 of the Uniform Civil Procedure Rules 2005 (NSW), the amended consolidated statement of claim filed 10 July 2019 is struck out. (2) Leave is granted to the plaintiffs to serve a proposed further amended statement of claim on the defendants by 16 November 2020. (3) The defendants are to file and serve any further notice of motion in relation to the proposed amended statement of claim by 30 November 2020. (4) The matter is listed before the Registrar on 2 December 2020 for directions. (5) The plaintiffs to pay the defendants' costs of the notice of motion filed on 22 July 2019. Catchwords: CIVIL PROCEDURE — pleadings – form and content of pleadings – strike-out application for amended consolidated statement of claim – whether the pleadings disclose reasonable causes of action – whether the pleadings inform the defendants of the material facts on which the claim of economic loss is based Legislation Cited: Competition and Consumer Act 2010 (Cth), Sch 2 Fair Trading Act 1987 (NSW), Pt 3 Gaming and Liquor Act 2007 (NSW), s 6 Gaming Machines Act 2001 (NSW), s 58 Gaming Machine Tax Act 2001 (NSW), ss 3, 6, 7, 11 Liquor Act 2007 (NSW), ss 4, 14, 40, 45, 60, 61 Taxation Administration Act 1996 (NSW), ss 3, 4, 43, 60 Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 14.28 Cases Cited: A J Holdings (NSW) Pty Limited & Cumedo Pty Limited v Chief Commissioner of State Revenue [2013] NSWADT 156 A J Holdings (NSW) Pty Limited v Chief Commissioner of State Revenue [2014] NSWCATAP 40 A J Holdings (NSW) Pty Ltd v Chief Commissioner of State Revenue [2015] NSWCATAD 17 Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 (2014) 254 CLR 185; [2014] HCA 36 CJD Equipment v A&C Constructions [2009] NSWSC 1362 NAKF v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 130 FCR 210; [2003] FCA 730 PPK Willoughby Pty Ltd v Roads and Maritime Services [2014] NSWSC 407 SCAS v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 397 Thompson v The Council of Municipality of Randwick (1950) 81 CLR 87; [1950] HCA 33 Wynyard Investments Proprietary Limited v Commissioner for Railways (NSW) (1955) 93 CLR 376; [1955] HCA 72 Category: Principal judgment Parties: Anthony Sidgreaves (First Plaintiff) A J Holdings NSW Pty Ltd (Second Plaintiff) State of New South Wales (First Defendant) Chief Commissioner of State Revenue (Second Defendant) Independent Liquor and Gaming Authority (Third Defendant) Representation: Counsel: A Rogers (Plaintiffs) A Gerard (Defendants)