Udowenko and Ors v Chief Executive Officer and Board of Directors of St George Bank - A Division of Westpac Banking Corporation and Ors (No. 2) [2011] NSWSC 1122

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 (No. 2) [2011] NSWSC 1122 Hearing dates: 15 September 2011 Decision date: 15 September 2011 Before: Johnson J Decision: Order made under Rule 14.28 Uniform Civil Procedure Rules 2005 striking out the Further Amended Statement of Claim filed 26 August 2011. Leave is refused for the Plaintiffs to replead their claim. Order made under Rule 12.7 Uniform Civil Procedure Rules 2005 dismissing the proceedings for want of prosecution. Order made that the First, Second and Third Plaintiffs and Mr Volodymyr Udowenko (described as the Fourth Plaintiff) pay the First Defendant's costs of the proceedings and that those four person be jointly and severally liable with respect to that costs order. Order made that the First, Second and Third Plaintiffs and Mr Volodymyr Udowenko (described as the Fourth Plaintiff) pay the Second Defendant's costs of the proceedings and that those four person be jointly and severally liable with respect to that costs order. Catchwords: PRACTICE AND PROCEDURE - earlier Statement of Claim struck out - defective and embarrassing pleading - leave to replead granted - amended Statement of Claim defective and embarrassing - pleading struck out - whether leave to replead ought be again allowed - leave to replead refused - whether proceedings should be dismissed for want of prosecution - proceedings dismissed Legislation Cited: Civil Procedure Act 2005 Crown Proceedings Act 1988 Law Reform (Vicarious Liability) Act 1983 Civil Liability Act 2002 Inclosed Lands Protection Act 1901 Crimes Act 1900 Law Enforcement (Powers and Responsibilities) Act 2002 Uniform Civil Procedure Rules 2005 Cases Cited: 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 Giniotis v Farrugia (Court of Appeal, 19 August 1985, BC8511562) Bennie v State of New South Wales [2009] NSWSC 96 East West Airlines (Operations) Limited v Commonwealth of Australia (1983) 49 ALR 323 Lippl v Haines (1989) 18 NSWLR 620 Plenty v Dillon [1990-1991] 171 CLR 635 March v E and MH Stramare Pty Limited [1990-1991] 171 CLR 506 Karout v Stratton [2010] NSWSC 1034 Nye v New South Wales [2003] NSWSC 1212 Sullivan v Moody [2001] 207 CLR 562 Wicks v State Rail Authority of New South Wales [2010] 241 CLR 60