Denian Enterprises Pty Ltd v Northern Beaches Enterprises Pty Limited as trustee for the Northern Beaches Trust [2021] NSWSC 109

Supreme Court New South Wales

Medium Neutral Citation: Denian Enterprises Pty Ltd v Northern Beaches Enterprises Pty Limited as trustee for the Northern Beaches Trust [2021] NSWSC 109 Hearing dates: 4 November 2020 Date of orders: 19 February 2021 Decision date: 19 February 2021 Jurisdiction: Common Law Before: Davies J Decision: 1. The amended statement of claim filed 26 June 2020 is struck out pursuant to r 14.28 of the Uniform Civil Procedure Rules 2005 (NSW). 2. Leave to the plaintiffs to re-plead. 3. Any further amended statement of claim is to be filed and served by 19 March 2021. 4. The plaintiffs are to pay the costs of the second and fourth defendants. Catchwords: CIVIL PROCEDURE - pleadings - form and content of pleading - claims against various defendants for breach of contract, misleading and deceptive conduct, unfair terms and negligence - where applicants allege that statement of claim is fundamentally flawed – strike-out application pursuant to UCPR r 14.28 – whether misrepresentations as to future matters – accessorial liability - where the pleading is unclear and embarrassing - pleading and amended statement of claim struck out - leave given to the plaintiffs to re-plead Legislation Cited: Australian Consumer Law ss 2, 4, 18, 21, 29, 236-239, 246, 248 Competition and Consumer Act 2010 (Cth) s 75B, 82, 84 Trade Practices Act 1974 (Cth) s 52 Uniform Civil Procedure Rules 2005 (NSW) rr 14.14, 14.28 Cases Cited: Berry v CCL Secure Pty Ltd [2020] HCA 27; (2020) 94 ALJR 714; (2020) 381 ALR 427 Bill Acceptance Corporation Pty Ltd v GWA Ltd (1983) 50 ALR 242 Houghton v Arms (2006) 225 CLR 553; [2006] HCA 59 McGuirk v The University of New South Wales [2009] NSWSC 1424 SPAR Licensing Pty Ltd v MIS QLD Pty Ltd (2014) 314 ALR 35 Thompson v Mastertouch TV Service Pty Ltd (1977) ATPR 40-027 Yorke v Lucas (1985) 158 CLR 661 Texts Cited: Nil Category: Procedural rulings Parties: Denian Enterprises Pty Ltd (First Plaintiff) Ian Neville Doyle (Second Plaintiff) Denise Andrea Doyle (Third Plaintiff) Northern Beaches Enterprises Pty Limited (First Defendant) Hot Cell Pty Ltd (Second Defendant) Daniel Evans (Third Defendant) Domino's Pizza Enterprises Limited (Fourth Defendant) Representation: Counsel: B Green (Plaintiff) A Goddard (First and Third Defendants) C Bannan (Second and Fourth Defendants)