Constantinidis v Kehagiadis [2011] NSWSC 974

Supreme Court New South Wales

Medium Neutral Citation: Constantinidis v Kehagiadis [2011] NSWSC 974 Hearing dates: 28 July 2011 Decision date: 02 September 2011 Jurisdiction: Common Law Before: Davies J Decision: (1) I dismiss the Plaintiffs' Notice of Motion filed 30 June 2011. (2) Any further application to file a Statement of Claim or an amended Statement of Claim is confined to the claims contained in section (2) of this judgment. (3) Any further application to amend the Statement of Claim is to be filed by no later than 4 October 2011. The Motion or any affidavit in support is to annex the proposed Statement of Claim. The Motion is to be returnable before me on 14 October 2011 at 2.00pm. (4) If no such application is filed by 4 October 2011 the proceedings are dismissed with costs. (5) The Plaintiffs' application for referral to the Registrar for pro bono assistance is refused. (6) The Plaintiffs are to pay the costs of the Notice of Motion. Catchwords: PROCEDURE - pleading - leave to file Amended Statement of Claim - whether causes of action disclosed - whether pleading is embarrassing - whether Plaintiffs should be permitted to replead after strike out. Legislation Cited: Civil Liability Act 2002 Civil Procedure Act 2005 Fair Trading Act 1987 Legal Profession Act 2004 Limitation Act 1969 Real Property Act 1900 Revised Professional Conduct and Practice Rules 1995 (the Solicitors' Rules) Uniform Civil Procedure Rules Victims Support and Rehabilitation Act 1996 Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; (2009) 83 ALJR 951 Cameron v Qantas Airways Ltd and Anor [2010] NSWSC 899 Cheney & Wilson v Duncan [2001] NSWCA 197 David Charles Bott v Trevor John Carter [2009] NSWSC 236 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Kelly v Mosman Municipal Council [2010] NSWCA 370 Logan v Baird [2011] NSWCA 19 McGuirk v The University of New South Wales [2009] NSWSC 1424 Walmsley v Cosentino [2001] NSWCA 403 Wilson v Rigg [2002] NSWCA 246 Category: Procedural and other rulings Parties: George Constantinidis (First Plaintiff) Gemma Constantinidis (Second Plaintiff) Meropi Kehagiadis (Defendant) Representation: Self represented (Plaintiffs) M Dicker (Defendant) Self represented (Plaintiffs) Colin Biggers & Paisley (Defendant) File Number(s): 2009/297696