NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Giesinger v Youi Pty Ltd [2024] NSWSC 1663 Hearing dates: 18 December 2024 Date of orders: 20 December 2024 Decision date: 20 December 2024 Jurisdiction: Common Law Before: Lonergan J Decision: (1) Pursuant to r 14.28(1) of the Uniform Civil Procedure Rules 2005 (NSW), the Amended Statement of Claim filed 6 November 2024 is struck out. (2) Pursuant to r 13.4(1) of the Uniform Civil Procedure Rules 2005 (NSW), the proceedings are dismissed. (3) The plaintiff is to pay the defendant's costs of the proceedings. Catchwords: CIVIL PROCEDURE – application to strike out amended statement of claim – application for claim to be summarily dismissed – no reasonable cause of action pleaded – no reasonable cause of action disclosed – fifth iteration of statement of claim struck out – proceedings untenable and futile – proceedings dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Giesinger v Youi Pty Ltd [2024] NSWSC 1256 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Category: Procedural rulings Parties: Otto Giesinger (Plaintiff) Youi Pty Ltd (Defendant) Representation: Counsel: Otto Giesinger (Self-Represented) A Djurdjevic (Defendant)
Solicitors: Otto Giesinger (Self-Represented) Ligeti Partners (Defendant) File Number(s): 2024/00074505 Publication restriction: Nil
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