Vedda v Co-ordination Co-operative Ltd [2021] NSWSC 206

Supreme Court New South Wales

Medium Neutral Citation: Vedda v Co-ordination Co-operative Ltd [2021] NSWSC 206 Hearing dates: 5 March 2021 Decision date: 10 March 2021 Jurisdiction: Common Law Before: Adamson J Decision: (1) Strike out the amended statement of claim filed on 3 July 2020. (2) Order the plaintiff to pay the defendant's costs of the defendant's motion filed 14 September 2020 to date. (3) Order that the plaintiff be referred to the Registrar for referral to a barrister or solicitor on the Pro Bono Panel for legal assistance. (4) Direct the plaintiff to send, by email to the defendant's solicitors, copied to my Associate a draft further amended statement of claim on or before 4 May 2021. (5) Stand the balance of the defendant's notice of motion filed 14 September 2020 over for mention on 6 May 2021 at 9.15am. (6) Note that the intention of order (3) above is to enable the plaintiff to obtain legal assistance in the drafting of the further pleading referred to in order (4) above. Catchwords: CIVIL PROCEDURE — Summary disposal — Dismissal of proceedings — Claim by defendant alleging frivolous or vexations proceedings CIVIL PROCEDURE — Pleadings — Striking out — Claim by defendant COSTS — Party/Party — General rule that costs follow the event — Application of the rule Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) rr 7.36, 14.28, 42.1 Cases Cited: Banque Commerciale SA (En Liqn) v Akhil Holdings Ltd (1990) 169 CLR 279; [1990] HCA 11 Dare v Pulham (1982) 148 CLR 658); [1982] HCA 70 Category: Procedural rulings Parties: Urshla Kattin Vedda (Plaintiff) Co-ordination Co-operative Ltd (Defendant) Representation: Counsel: In person (Plaintiff) A J Barnett (Defendant)