STM123 No. 28 Pty Ltd v Eastern Suburbs Commercial Pty Ltd [2023] NSWSC 1266

Supreme Court New South Wales

Medium Neutral Citation: STM123 No. 28 Pty Ltd v Eastern Suburbs Commercial Pty Ltd [2023] NSWSC 1266 Hearing dates: 17 November 2023 Date of orders: 17 November 2023 Decision date: 17 November 2023 Jurisdiction: Common Law Before: Davies J Decision: 1. Leave to the plaintiffs to file an amended statement of claim amending the relief claimed. Any such amended statement of claim is to be filed and served by 24 November 2023. 2. The notice of motion filed 6 October 2023 is dismissed. 3. The defendants are to pay the plaintiffs' costs of the notice of motion. 4. The defendants are to file a defence by 7 December 2023. 5. Stand over for further directions before the Registrar on 8 December 2023. Catchwords: CIVIL PROCEDURE – pleadings – striking out – tendency to cause prejudice, embarrassment or delay – where statement of claim runs to 39 pages and 111 paragraphs – where pleadings disclose multiple causes of action at common law and by statute, and claims for equitable relief – where motion to strike out was filed without any correspondence to plaintiff asserting matters complained of – whether statement of claim unnecessarily prolix and confusing by virtue of length and multiple cross-references – whether prayers for relief claimed flow from cause of action – held criticisms levelled without foundation – length of the statement of claim does not derive from any defect – infelicities in prayers for relief no basis for striking out – sufficient clarity to enable a defence to be pleaded – notice of motion dismissed Legislation Cited: Australian Consumer Law ss 18, 60 Uniform Civil Procedure Rules 2005 (NSW) rr 14.10, 14.11, 14.28 Cases Cited: McGuirk v The University of New South Wales [2009] NSWSC 1424 Young v Hones [2013] NSWSC 580 Texts Cited: Nil Category: Procedural rulings Parties: STM123 No. 28 Pty Ltd (First Plaintiff) Vaughan Rudd Blank (Second Plaintiff) Eastern Suburbs Commercial Pty Ltd (First Defendant) Andre Bernard Frack (Second Defendant) Representation: Counsel: A Horvath SC (Plaintiffs) J O'Sullivan (Defendants)