Udowenko and Ors v Chief Executive Officer and Board of Directors of St George Bank - A Division of Westpac Banking Corporation and Ors [2011] NSWSC 867

Supreme Court New South Wales

Medium Neutral Citation: Udowenko and Ors v Chief Executive Officer and Board of Directors of St George Bank - A Division of Westpac Banking Corporation and Ors [2011] NSWSC 867 Hearing dates: 29 July 2011 Decision date: 29 July 2011 Before: Johnson J Decision: Amended Statement of Claim filed 24 March 2011 struck out pursuant to Rule 14.28 Uniform Civil Procedure Rules 2005 Catchwords: PRACTICE AND PROCEDURE - strike-out application - defective and embarrassing pleading - pleading struck out - whether proceedings should be dismissed for want of prosecution - dismissal premature - leave to replead granted Legislation Cited: Civil Procedure Act 2005 Supreme Court Act 1970 Crown Proceedings Act 1988 Law Reform (Vicarious Liability) Act 1998 Uniform Civil Procedure Rules 2005 Cases Cited: Damjanovic v Maley [2002] NSWCA 230; 55 NSWLR 149 Teese v State Bank of NSW [2002] NSWCA 219 McGuirk v University of New South Wales [2009] NSWSC 1424

Fleet v State of New South Wales [2009] NSWSC 75 Szczygiel v Peeku Holdings [2006] NSWSC 73 Fleet v Royal Society for the Prevention of Cruelty to Animals NSW [2005] NSWSC 926 Category: Interlocutory applications Parties: Michael Udowenko (First Plaintiff) Mrs Michael Udowenko (Second Plaintiff) Walentyn Udowenko (Third Plaintiff) Company Executive Officer and Board of Directors, formerly St George Bank Limited, a Division of Westpac Banking Corporation (First Defendant) New South Wales Government Parties (Second, Third and Sixth Defendants) Principal and Licensee The Hunter Group (NSW) Pty Ltd (Fourth Defendant) Principal and Company Director/s of Novocastrian Locksmiths (Fifth Defendant) Representation: Mr Volodymyr Udowenko (spokesperson for the Plaintiffs) Mr PT Newton (First Defendant) Mr M Hutchings (Second, Third and Sixth Defendants) No solicitor for Plaintiffs Kemp Strang (First Defendant) Crown Solicitor's Office ((Second, Third and Sixth Defendants) Laycock Solicitors (Fifth Defendant) File Number(s): 2010/268611