NSW Caselaw
New South Wales Supreme Court
CITATION : BBB Constructions Pty Limited v Burn [2008] NSWSC 1356
HEARING DATE(S) : 4 December 2008
JUDGMENT DATE : 17 December 2008
JURISDICTION : Common Law
JUDGMENT OF : McCallum J
DECISION : (1) The application for leave to file the amended statement of claim is dismissed with leave to replead. (2) I order the plaintiffs to pay the defendants' costs of the application, not including the costs occasioned by the requests for particulars and the disputes over the response to those requests.
CATCHWORDS : Application by defendants to have parts of the statement of claim struck out for failure to plead material facts - application by plaintiffs for leave to file an amended statement of claim - proper parties - whether legal right of possession adequately identified for purpose of claim in trespass
LEGISLATION CITED : State Emergency and Rescue Management Act 1989 Uniform Civil Procedure Rules (2005)
CATEGORY : Procedural and other rulings
CASES CITED : BBB Constructions Pty Limited and Anor v Burn and Ors (No 2) [2008] NSWSC 358 Western Australia v Ward (2002) 213 CLR 1
BBB Constructions Pty Limited (1st Plaintiff) Baseline Constructions Pty Limited (2nd Plaintiff) PARTIES : Catherine J Burn (1st Defendant) John Lee (2nd Defendant) The State of New South Wales (3rd Defendant)
FILE NUMBER(S) : SC 30036/08
COUNSEL : Mr N A Nicholls (Plaintiffs) Mr J K Kirk / Mr P Rooney (Defendants)
SOLICITORS : Collin Biggers & Paisley (Plaintiffs) Crown Solicitor's Office (Defendants)
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