Bank of Queensland Limited v Arthur Lloyd Burgess [2011] NSWSC 154

Supreme Court New South Wales

Medium Neutral Citation: Bank of Queensland Limited v Arthur Lloyd Burgess [2011] NSWSC 154 Hearing dates: 2 March 2011 Decision date: 16 March 2011 Before: Harrison AsJ Decision: (1) The notices of motion filed 23 February 2011 and 25 February 2011 are dismissed. (2) Each party is to pay its/his own costs. (3) The matter is to be listed for a status conference on 17 March 2011 at 9.00 am before the Registrar. Catchwords: PROCEDURE - civil - pleadings - strike out; application - whether reasonable cause of action is disclosed in statement of claim Legislation Cited: Uniform Civil Procedure Rules 2005 Real Property Act 1900 Consumer Credit Code (Qld) Cases Cited: Bega Co-operative Society Limited v Milk Authority of the Australian Capital Territory (Federal Court, Neaves J, 12 May 1992, unreported; Bruce v Odhams Press Ltd [1936] 1 KB 697 Charlie Carter Pty Ltd v Shop, Distributive and Allied Employees' Association of Western Australia (1987) 13 FCR 413 Commonwealth of Australia v Griffiths [2007] NSWCA 370; [2007] 70 NSWLR 268 Category: Procedural and other rulings Parties: Bank of Queensland Limited - Plaintiff Arthur Lloyd Burgess -Defendant Representation: Counsel: R Schneider (Sol) - Plaintiff T Iskra - Defendant Solicitors: HWL Ebsworth Lawyers - Plaintiff KP Carmody & Co - Defendant File Number(s): 2010/322767