NSW Caselaw
New South Wales Supreme Court
CITATION : Simpson v RBM and Ors (No 2) [2010] NSWSC 166
HEARING DATE(S) : 24/02/10, 26/02/10
JUDGMENT DATE : 15 March 2010
JUDGMENT OF : Hoeben J
DECISION : See Paragraph 113.
CATCHWORDS : PRACTICE AND PROCEDURE - draft statement of claim - claim by disabled plaintiff against previous solicitors and trustee company - motions to strike out parts of draft statement of claim - objections as to form - rolled up pleadings and failure to differentiate conduct of each defendant - objections as to form substantially made out - whether causes of action disclosed against trustee company - whether fiduciary relationship existed between plaintiff and trustee company before trust established - whether undue influence exerted by trustee company and whether duty of care by trustee company existed before trust created - application of General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 - MOTION FOR SECURITY FOR COSTS - plaintiff impecunious but beneficiary under discretionary trust - applicable principles - application refused.
Civil Procedure Act 2005 LEGISLATION CITED : Supreme Court Act 1970 Uniform Civil Procedure Rules 2005
CATEGORY : Procedural and other rulings
Beach Petroleum NL v Abbott Tout Russell Kennedy (1997) 26 ACSR 114 Bonner v Fauna Productions Pty Limited [2009] NSWSC 604 Breen v Williams (1996) 186 CLR 71 Caltex Refineries (Qld) Pty Limited v Stavar [2009] NSWCA 258 Chapman v Luminis Pty Limited [2002] FCA 496 General Steel Industries Inc v Commissioner of Railways (NSW) (1965) 112 CLR 125 CASES CITED : Griffiths v Kerkemeyer (1977) 139 CLR 161 Hospital Products Limited v United States Surgical Corporation (1984) 156 CLR 41 Johnson v Buttress (1936) 56 CLR 113 Makawe Pty Limited v Randwick City Council [2009] NSWCA 412 Philips Electronics Australia Pty Limited v Matthews (2002) 54 NSWLR 598 Pilmer v Duke Group Limited & Ors (2001) 207 CLR 165 Winnote Pty Limited (In Liq) & Anor v Page [2006] NSWCA 287; (2006) 68 NSWLR 531
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