Five D Pty Ltd v Impact Building Pty Ltd [2007] NSWLC 4

Local Court of New South Wales

CITATION: Five D Pty Ltd v Impact Building Pty Ltd [2007] NSWLC 4 JURISDICTION: Civil PARTIES: Five D Pty Ltd Impact Building Pty Ltd FILE NUMBER: 10428/06 PLACE OF HEARING: Downing Centre Local Court DATE OF DECISION: 03/01/2007 MAGISTRATE: Magistrate H Dillon CATCHWORDS: Practice – Abuse of process – Whether statement of claim should be struck out as an abuse of process – Whether plaintiff re-litigating an issue determined in previous proceedings between defendant and another party LEGISLATION CITED: Uniform Civil Procedure Rule 14.28(1)(c) Clegg v Abel (1898) 14 WN (NSW) 131 Haines v Australian Broadcasting Corporation (1995) 43 NSWLR 404 Hunter v Chief Constable of the West Midlands (1982) AC 527 CASES CITED: Reichel v McGrath (1889) 14 App Cas 665 Rippon v Chilcoton Pty Ltd (2001) 53 NSWLR 198 State Bank of NSW Ltd v Stenhouse Ltd (1997) Aust Tort Rep 81-423 Stephenson v Garnett (1898) 1 QB 677 Ms M.T. Bateman (counsel) Turnbull Hill, Solicitors REPRESENTATION: Mr D.P.M. Ash (counsel) Guild Lawyers ORDERS: 1. Motion granted. Plaintiff's statement of claim struck out pursuant to Rule 14.28(1)(c).; 2. Costs to follow the event.

REASONS for DECISION 1. The defendant, Impact Building Pty Ltd, is the applicant on the motion now before the court. It applies for orders striking out the plaintiff's statement of claim pursuant to Rule 14.28 (1)(c) of the Uniform Civil Procedure Rules. Impact argues that the plaintiff, Five D Pty Ltd, is seeking by its claim to re-litigate an issue determined by a magistrate in the Newcastle Local Court on 28 August 2006. This, Impact contends, is an abuse of process.