NSW Caselaw
New South Wales Supreme Court
CITATION : Tempo Services v State of NSW [2000] NSWSC 8 CURRENT JURISDICTION: Civil FILE NUMBER(S) : SC 50101/99 HEARING DATE(S) : 17/12/99 JUDGMENT DATE : 3 February 2000
Tempo Services Limited - Plaintiff PARTIES : State of New South Wales - First Defendant William Butler - Second Defendant JUDGMENT OF : Rolfe J
COUNSEL : Mr N.A. Cotman - Plaintiff Mr P.D. McClellan QC and Mr D.J. Hammerschlag - Defendants SOLICITORS : Church & Grace Corrs Chambers Westgarth CATCHWORDS : Application to strike out Summons as failing to disclose a cause of action granted. LEGISLATION CITED : Fair Trading Act Kolbach Securities Limited v Epoch Mining NL (1987) 8 NSWLR 533 CASES CITED : Quinn v Jack Chia (Australia) Limited [1992] 1 VR 567 Thorpe v South Australian National Football League (1974) 10 SASR 36 Network Ten Limited v Fullwood (Young J - 4 December 1995 - unreported) DECISION : I order that the plaintiff's Amended Summons filed in Court on 29 October 1999 be struck out and that the plaintiff pay the defendants' costs of the Notice of Motion.
I N D E X
Page
Introduction 1
An Analysis Of The Amended Summons 2
The Plaintiff's Contentions 4
Conclusions 26
Orders 26
THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST
ROLFE J
THURSDAY, 3 FEBRUARY 2000
50101/1999 - TEMPO SERVICES LIMITED v STATE OF NEW SOUTH WALES & ANOR
JUDGMENT
HIS HONOUR:
Introduction 1 By a Notice of Motion filed on 23 November 1999 the defendants, the State of New South Wales and Mr William Butler, for which and whom Mr P.D. McClellan of Queen's Counsel and Mr D.J. Hammerschlag of Counsel appeared, sought orders that the Amended Summons of the plaintiff, for which Mr N.A. Cotman of Senior Counsel appeared, be struck out and for costs. No evidence was tendered by either party, the motion proceeding on the bases that the Amended Summons failed to disclose any cause of action; that the defendants must accept the truth of the facts pleaded for the purposes of such an application; and that they must also meet the General Steels' test.
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