NSW Caselaw
New South Wales Supreme Court
CITATION : Redeemer Baptist School Limited v Glossop & 4 Ors [2006] NSWSC 582
HEARING DATE(S) : 13 June 2006
JUDGMENT DATE : 20 June 2006
JUDGMENT OF : Associate Justice Malpass at 1
DECISION : Application for relief sought in paragraph 1 of the Amended Notice of Motion refused. Save for the claim made in paragraph 3, the Notice of Motion is otherwise dismissed. The Defendants are to pay the costs of the Notice of Motion to date. Exhibits may be returned.
CATCHWORDS : TORT OF CONSPIRACY - anomalous cause of action - object and purpose of those acting in concert - disclosure of reasonable cause of action - striking out of pleading and summary dismissal.
LEGISLATION CITED : UCPR Part 13 Rule 13.4, Part 14 Rule 14.28, Part 15 Rule 3, Rule 10
CASES CITED : Little v Law Institute of Victoria (No 3) [1990] VR 257 The Law of Torts, Fleming, Ninth Edition, p 772
Redeemer Baptist School Limited (Plaintiff) Graeme Francis Glossop (First Defendant) PARTIES : David Ridley (Second Defendant) Andrew Frost (Third Defendant) Graham Merrick (Fourth Defendant) Parramatta Accountants and Tax Agents Pty Limited (Fifth Defendant)
FILE NUMBER(S) : SC 20275/05
Mr N Perram/Mr A D Crossland (Plaintiff) COUNSEL : No Appearance (Second Defendant) Mr B A M Connell/Ms J E Thornton (First, Third, Fourth and Fifth Defendants)
Carroll & O'Dea (Plaintiff) SOLICITORS : Walker Smith Solicitors (Second Defendant) Champion Legal, Solicitors (First, Third, Fourth and Fifth Defendants)
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