Rafailidis v Camden Council [2021] NSWSC 1087

Supreme Court New South Wales

Medium Neutral Citation: Rafailidis v Camden Council [2021] NSWSC 1087 Hearing dates: 4 December 2020 Date of orders: 27 August 2021 Decision date: 27 August 2021 Jurisdiction: Equity Before: Robb J Decision: See par [123]. The Court orders that the plaintiffs' statement of claim be struck out, that the plaintiffs' application for leave to file the proposed amended statement of claim be dismissed and that the proceedings be dismissed. The Court further orders that the plaintiffs pay the defendant's costs of its notice of motion filed on 28 August 2020 and that the plaintiffs pay the defendant's costs of the proceedings not otherwise the subject of any costs order. Catchwords: CIVIL PROCEDURE — Pleadings — Fraud — Specific and particular allegations — Where the plaintiffs filed a statement of claim alleging fraud on the part of the defendant — Where the statement of claim was 150 pages long and comprised obscure allegations, was repetitive and generally did not comply with the applicable rules of pleading — Where the fraud alleged was not pleaded and particularised specifically — Where the defendant sought by notice of motion that the plaintiffs' statement of claim be struck out pursuant to UCPR r 14.28 — Where the plaintiffs submitted in response a proposed amended statement of claim — Where the proposed pleading was infected with substantially the same defects as the filed statement of claim — Where the Court held that the whole of the statement of claim should be struck out — Where the Court further held that it would involve an abuse of process to permit the plaintiffs to continue to prosecute the current proceedings against the defendant — Where the Court dismissed the proceedings Legislation Cited: Civil Procedure Act 2005 (NSW) Crimes Act 1900 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Independent Commission Against Corruption Act 1988 (NSW) Local Government Act 1993 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Camden Council v Rafailidis (No 3) [2012] NSWLEC 217 Camden Council v Rafailidis (No 4) [2014] NSWLEC 22 Camden Council v Rafailidis (No 5) [2014] NSWLEC 85 Camden Council v Rafailidis [2012] NSWLEC 51 Rafailidis v Camden Council [2015] NSWCA 185 Wentworth v Rogers (No 5) (1986) 6 NSWLR 534 Texts Cited: RP Balkin and JLR Davis, Law of Torts (5th ed, 2013, LexisNexis Butterworths) Ritchie's Uniform Civil Procedure NSW (LexisNexis Butterworths, loose-leaf) Category: Procedural rulings Parties: Koula Rafailidis (first plaintiff) Efrem Rafailidis (second plaintiff) Camden Council (defendant) Representation: Counsel: D Kelly (defendant) First and second plaintiff self-represented