Mathews v The Uniting Church in Australia Property Trust (NSW) (No 1) [2011] NSWLEC 222

Land and Environment Court New South Wales

Medium Neutral Citation: Mathews v The Uniting Church in Australia Property Trust (NSW) (No 1) [2011] NSWLEC 222 Hearing dates: 20 October 2011 Decision date: 20 October 2011 Jurisdiction: Class 4 Before: Craig J Decision: 1.Strike out paragraphs 7, 8 and 11 of the applicants' summons. 2.Strike out paragraphs 33 - 43 and paragraphs 47, 52, 53 and 56 of the applicants' points of claim. 3.Order that the Applicants provide proper answers to the request for particulars made by letter from the first respondent's solicitors on 8 September 2011, such particulars to be provided on or before 9 November 2011. 4.Direct that any application for leave to replead those bases of claim that have been struck out be made by motion, such motion to be served by Friday 18 November 2011 and made returnable on Wednesday 30 November 2011. 5.Direct that the first and fifth respondents notify the applicants by 25 November 2011 whether they oppose any such leave to amend being granted. 6.The applicants are to pay the costs of the first respondent in respect of the first respondent's notice of motion filed on 23 September 2011. 7.Stand over the subpoena directed to Michael Eugene Neustein to Wednesday 30 November 2011. 8.Reserve my decision in respect of the applicants' notice of motion to strike out the subpoena directed to Mr Neustein. 9.As between the applicants and the fifth respondent, each party should bear their and its costs in relation to the first respondent's notice of motion. 10.Otherwise the proceedings are stood over for directions to Wednesday 30 November 2011 at 9.30am. Catchwords: INTERLOCUTORY APPLICATION - strike out application - application for proper and better particulars - strike out granted - request for particulars granted Legislation Cited: Cheques Act 1986 (Cth)