Hannon v Afro Pacific Capital Limited [2009] NSWSC 564

New South Wales Supreme Court

CITATION : Hannon v Afro Pacific Capital Limited [2009] NSWSC 564

HEARING DATE(S) : 9 June 2009

JUDGMENT DATE : 10 June 2009

JUDGMENT OF : Johnson J at 1

1. Orders 1 and 2 as sought in the Further Amended Notice of Motion filed 3 June 2009 are declined. DECISION : 2. In accordance with paragraph 1A of the Further Amended Notice of Motion, paragraphs 2 to 12 inclusive and 16 to 18 inclusive of the Defence filed 6 May 2009 are struck out pursuant to Part 14 rule 28 of the Uniform Civil Procedures Rules 2005. 3. The Defendant is granted leave to replead the Defence within 21 days from today. 4. The Defendant is to pay 75% of the Plaintiff's costs of and incidental to the Further Amended Notice of Motion.

CATCHWORDS : PRACTICE AND PROCEDURE - application by Plaintiff for summary judgment on part of claim - application to strike out parts of Defence - embarrassing pleadings - summary judgment declined - strike-out application granted

LEGISLATION CITED : Uniform Civil Procedure Rules 2005

CATEGORY : Procedural and other rulings

Dey v Victorian Railway Commissioners (1949) 78 CLR 62 General Steel Industries Inc v Commissioner of Railways (NSW) (1964) 112 CLR 125 Webster v Lampard (1993) 177 CLR 598 at 602-3 and Cosmos E-Commerce Pty Limited v Bidwell Associates Pty Ltd [2005] NSWCA 81 CASES CITED : Banque Commerciale SA In Liquidation v Akhil Holdings Ltd (1990) 169 CLR 279 Australian Competition and Consumer Commission v Fox Symes and Associates Pty Ltd [2005] FCA 1071 Gunns Ltd v Marr [2005] VSC 251 Shelton v National Roads and Motorists Association Ltd [2004] FCA 1363 Northam v Favelle Favco Holdings Pty Ltd (Bryson J, 7 March 1995, BC9504276)