Paccar Financial Pty Limited v David Menzies & Anor [2011] NSWSC 1255

Supreme Court New South Wales

Medium Neutral Citation: Paccar Financial Pty Limited v David Menzies & Anor [2011] NSWSC 1255 Hearing dates: 4 October 2011 Decision date: 05 October 2011 Jurisdiction: Common Law Before: Walmsley AJ Decision: (1) Order the amended defence be struck out. (2) Grant the defendants leave to file and serve an amended defence to the amended statement of claim drafted in accordance with pt 14 of the Uniform Civil Procedure Rules 20.05, on or before 26 October 2011. Dispense with the need to comply with r 19.5(2). (3) Order the first cross-claim be struck out and give leave to the defendants to file and serve an amended cross claim on or before 26 October 2011. Dispense with the need to comply with r 19.5(2). (4) Order the defendants pay the plaintiff's costs of and incident to the motion of 18 August 2011. Catchwords: PLEADINGS - principles involved in pleading defence - striking out defence - costs - whether successful party entitled to order for assessment forthwith Legislation Cited: Competition and Consumer Act 2010 Contracts Review Act 1980 Corporations Act 2001 (Cth) Cases Cited: Fiduciary Ltd & Anor v Morningstar Research Pty Ltd & Ors (2002) 55 NSWLR 1 Richards v Kadian (No 2) [2005] NSWCA 373 Texts Cited: Hamilton, Lindsay, Morahan and Webster, New South Wales Civil Procedure Handbook 2011 (2011) I H Jacob, Bullen and Leake and Jacob's Precedents and Pleadings (12th ed 1975) Category: Interlocutory applications Parties: Paccar Financial Pty Limited (Plaintiff, cross-defendant) Ian David Menzies (First defendant, first cross-claimant) Colleen Anne Menzies (Second defendant, second cross-claimant) Representation: D Rayment (Plaintiff, cross-defendant) W Washington (Defendants, cross-claimants) Hopkins Lawyers (Plaintiff, cross-defendant) Hall Partners (Defendants, cross-claimants) File Number(s): 2010/377702