Combe v Bank of Queensland (No 3) [2012] NSWSC 1172

Supreme Court New South Wales

Medium Neutral Citation: Combe v Bank of Queensland (No 3) [2012] NSWSC 1172 Hearing dates: 14 September 2012 Decision date: 28 September 2012 Jurisdiction: Common Law Before: Schmidt J Decision: 1. If Ms Combe wishes to pursue her claim in relation to the goods in question, she must file and serve any further motion and supporting affidavit within 28 days, failing which these proceedings will stand dismissed. 2. Ms Combe is to pay the Bank's costs of the two motions, as agreed or assessed. Catchwords: PROCEDURE - motion - leave sought to proceed on a statement of claim - leave sought to proceed on the proposed statement of claim refused - whether proceedings should be struck out - whether reasonable cause of action - pleading defective - final opportunity to replead in relation to the goods in question granted - costs Legislation Cited: Civil Procedure Act 2005 Copyright Act 1968 (Cth) Crimes Act 1914 (Cth) Criminal Code Act 1995 (Cth) Personal Property Securities (Commonwealth Policies) Act 2009 Sale of Goods Act 1923 Uniform Civil Procedure Rules 2005 Cases Cited: Combe v Bank of Queensland [2011] NSWSC 1347 Combe v Bank of Queensland (No 2) [2012] NSWSC 534 Brimson v Rocla Concrete Pipes Ltd [1982] 2 NSWLR 937 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 Category: Procedural and other rulings Parties: Faye-Diane Combe (Plaintiff) Bank of Queensland (Defendant) Representation: Counsel: Mr DJ Barnett, counsel Solicitors: In person (Plaintiff) DibbsBarker Lawyers (Defendant) File Number(s): 2010/373940 Publication restriction: None