Australian Continuing Legal Education Centre Pty Ltd v Philip Bates [2024] NSWDC 442

District Court New South Wales

Medium Neutral Citation: Australian Continuing Legal Education Centre Pty Ltd v Philip Bates [2024] NSWDC 442 Hearing dates: 27 June 2024 Date of orders: 27 June 2024 Decision date: 27 June 2024 Jurisdiction: Civil Before: Russell SC DCJ Decision: Ex tempore reasons given in court (1) Dismiss the defendant's Notice of Motion filed on 21 December 2023. (2) Order that costs of the motion be costs in the cause. (3) Grant leave to the plaintiff to file an Amended Statement of Claim by 25 July 2024 pleading the additional causes of action set out in the proposed Amended Statement of Claim annexed to the Amended Notice of Motion filed on 27 June 2024. (4) Balance of the plaintiff's Amended Notice of Motion is dismissed. (5) Costs of the Amended Notice of Motion to be costs in the cause. Catchwords: CIVIL PROCEDURE – notice of motion to strike out statement of claim – whether there is no reasonable cause of action – tests for lack of cause of action – pleaded cause available at law – must take plaintiff's case at its highest CIVIL PROCEDURE – notice of motion to file an amended statement of claim – proposed amendment pleads new cause of action – fails to plead the breach and a dollar figure for damages – particulars need to be much improved –– credit to defendant for loans does not have to be pleaded COSTS – costs in the cause – protects party ultimately proved correct about the key factual issue in the case Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 14.28 Cases Cited: Agar v Hyde (2000) 201 CLR 552; [2000] HCA 41 Agius v New South Wales [2001] NSWCA 371 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Category: Procedural rulings Parties: Australian Continuing Legal Education Centre Pty Ltd (Plaintiff) Philip Bates (Defendant) Representation: Counsel: M Zammit (Plaintiff) P Bates (Defendant)