McClymont v Strata Partners Pty Limited [2010] NSWSC 1077

New South Wales Supreme Court

CITATION : McClymont v Strata Partners Pty Limited [2010] NSWSC 1077

HEARING DATE(S) : 13 September 2010

JUDGMENT DATE : 20 September 2010

JUDGMENT OF : Garling J

DECISION : Amended statement of claim is struck-out. Leave for the plaintiffs to file and serve a further amended statement of claim.

CATCHWORDS : PRACTICE AND PROCEDURE – Application to strike out pleadings – Many paragraphs of pleadings are of questionable relevance – Underlying facts not clearly pleaded or particularised – Causes of action and basis of relief unclear – Orderly process of litigation demands that the fundamental principles of pleading be adhered to – Requirement to particularise any pleading of a dishonest and fraudulent design.

LEGISLATION CITED : Strata Schemes Management Act 1996 Uniform Civil Procedure Rules 2005

CATEGORY : Procedural and other rulings

CASES CITED : Consul Development Pty Limited v D.P.C. Estates Pty Limited (1975) 132 CLR 373 Farah Constructions Pty Limited v Say-Dee Pty Limited (2007) 230 CLR 89

(P1) GrahamJames McClymont PARTIES : (P2) Selma Maria McClymont (D) Strata Partners Pty Limited

FILE NUMBER(S) : SC 2010/113318

(P1)Self-represented COUNSEL : (P2)Self-represented (D) A. Horvath

(P1) Self-represented SOLICITORS : (P2)Self-represented (D) DLA Phillips Fox

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

GARLING J

MONDAY, 20 SEPTEMBER 2010

2010/113318 McCLYMONT v STRATA PARTNERS PTY LIMITED

JUDGMENT 1 HIS HONOUR: Strata Partners Pty Limited have brought a notice of motion seeking orders pursuant to r 14.28 of the Uniform Civil Procedure Rules 2005 that the further amended statement of claim filed by the plaintiffs on 20 July 2010 be struck out in whole or in part. 2 Strata Partners made it clear in submissions to the Court that it was not seeking summary disposal of the proceedings.