Chapmans Limited v Robert Walter Yandell t/as Yandells [1999] NSWSC 710

New South Wales Supreme Court CITATION : Chapmans Limited v Robert Walter Yandell t/as Yandells [1999] NSWSC 710 CURRENT JURISDICTION : Common Law FILE NUMBER(S) : 20139/98 HEARING DATE(S) : 7 July 1999 JUDGMENT DATE : 15 July 1999

Chapmans Limited PARTIES : (Plaintiff) Robert Walter Yandell (Defendant) JUDGMENT OF : Master Harrison

Mr P See (Plaintiff) COUNSEL : Mr B Walker SC with Mr D R Pritchard (Defendant) Mr Glynn Chaffey (Plaintiff) SOLICITORS : Corrs Chambers Westgarth (Defendant) CATCHWORDS : Strike out paragraph of statement of claim; Directions ACTS CITED : Administrative Decisions (Judicial Review) Act 1997 General Steel Industries Inc v Commissioner for Railways (1964) 112 CLR 125 Air Services Australia v Zarb (NSWCA unreported, 26 August 1998);Dey v Victorian Railway Commissioners (1948-49) 78 CLR 62, CASES CITED : Webster & Anor v Lampard (1993) 177 CLR 598 Contribution Fund of Australia v Hunt (1982) 44 ALR 365 Gibson v Parkes District Hospital (1991-92) 26 NSWLR 9 DECISION : See para 30

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THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

MASTER HARRISON

THURSDAY, 15 JULY 1999

20139/98 - CHAPMANS LIMITED v ROBERT WALTER YANDELL t/as YANDELLS

JUDGMENT (Strike out paragraph of statement of claim; directions)

1 MASTER: By motion of motion filed 9 April 1999 the defendant seeks that pursuant to Pt 15 r 26 of the Supreme Court Rules, paragraph 7(ii) of the statement of claim dated 7 May 1998 be struck out. The plaintiff sought leave to seek an order that it be permitted to file an amended statement of claim. Such leave was not opposed and granted. The defendant relied on an affidavit of Damien Bruce Sturzaker sworn 7 April 1999 and the plaintiff relied on an affidavit of Donald Wayne Chaffey sworn 6 July 1999. 2 Briefly, the statement of claim pleads that the defendant was retained by the plaintiff as its solicitor for the period commencing December 1993. The plaintiff is a publicly listed company. In late 1992 the Australian Stock Exchange (ASX) had raised requisitions for which it required answers. On 3 December 1993 the requisitions had not been answered and the plaintiff although still listed on the stock exchange was given a suspended status.