NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Giesinger v Youi Pty Ltd [2024] NSWSC 1256 Hearing dates: 19 September 2024 Date of orders: 19 September 2024 Decision date: 19 September 2024 Jurisdiction: Common Law Before: Garling J Decision: (1) Order pursuant to r 14.28(1) of the Uniform Civil Procedure Rules 2005 that each of the two Statements of Claim filed on 26 February 2024, being bar code ending WONN1 and bar code ending WO2Y2 be struck out. (2) Order pursuant to r 14.28(1) of the Uniform Civil Procedure Rules 2005 that the Amended Statement of Claim dated 28 July 2024 be struck out. (3) Order pursuant to r 14.28(1) of the Uniform Civil Procedure Rules 2005 that the Amended Statement of Claim filed 25 August 2024 be struck out. (4) Grant leave to the plaintiff to file a Further Amended Statement of Claim providing that any such Further Amended Statement of Claim be filed and served by 8 November 2024. (5) Reserve all questions of costs. Catchwords: CIVIL PROCEDURE – Pleadings – Striking out – No reasonable cause of action pleaded – Application for the plaintiff's Statements of Claim to be struck out granted. Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Not Applicable Texts Cited: Not applicable Category: Procedural rulings Parties: Otto Giesinger (P) Youi Pty Ltd (D) Representation: Counsel: Self-Represented (P) A Djurdjevic (D)
Solicitors: Ligeti Partners (D) File Number(s): 2024/74505 Publication restriction: Not Applicable
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