Mendonca v Matthews Folbigg Pty Ltd [2021] NSWSC 554

Supreme Court New South Wales

Medium Neutral Citation: Mendonca v Matthews Folbigg Pty Ltd [2021] NSWSC 554 Hearing dates: 16 April 2021 Date of orders: 21 May 2021 Decision date: 21 May 2021 Jurisdiction: Common Law Before: Wilson J Decision: (1) Leave to the plaintiff to file a Further Amended Statement of Claim is refused; (2) The Amended Statement of Claim filed on 15 July 2020 is struck out; (3) Subject to order (4), the plaintiff is to pay the defendants' costs as agreed or assessed; (4) If any party seeks a different order as to costs written submissions in support of such an order are to be filed via email to my Associate, and served, by 4pm on 28 May 2021; with any submissions in reply similarly filed and served by 4pm on 4 June 2021. Catchwords: PRACTICE AND PROCEDURE – motion for strike out of proceedings – cross application for leave to file further amended statement of claim – professional negligence – question of negligence of solicitors acting on property purchase – where solicitors acted for both parties in a complex purchase arrangement – where contractual matters already determined in previous proceedings – factual findings foundational to current action – Anshun estoppel – abuse of process – orders made Legislation Cited: Universal Civil Procedure Rules 2005 Cases Cited: Habib v Radio 2UE Sydney Pty Ltd [2009] NSWCA 231 Mendonca v Tonna [2020] NSWCA 196 Port of Melbourne Authority v Anshun Proprietary Limited (1981) 147 CLR 589; [1981] HCA 45 Reichel v Magrath (1889) 14 App Cas 665 Rippon v Chilcotin Pty Lty & Ors [2001] NSWCA 142; (2001) 53 NSWLR 198 Tomlinson v Ramsey Food Processing Pty Ltd (2005) 256 CLR 507; [2015] HCA 28 Tonna v Mendonca [2019] NSWSC 1849 Category: Principal judgment Parties: Renuka Maria Mendonca (Plaintiff) Matthews Folbigg Pty Ltd (Defendant 1) Stuart Gough (Defendant 2) Representation: Counsel: D Robertson / N Li (Plaintiff) S Donaldson SC / G Ng (Defendants)