Williamson v Carneys Lawyers Pty Ltd [2012] NSWSC 1411

Supreme Court New South Wales

Medium Neutral Citation: Williamson v Carneys Lawyers Pty Ltd [2012] NSWSC 1411 Hearing dates: 13 November 2012 Decision date: 22 November 2012 Jurisdiction: Common Law Before: Latham J Decision: 1.Statement of claim as against the second defendant is struck out 2.Plaintiff to pay the second defendant's costs on the notice of motion on an indemnity basis Catchwords: PRACTICE AND PROCEDURE - pleadings - application of r 14.28 of Uniform Civil Procedure Rules 2005 - whether statement of claim discloses no reasonable cause of action against second defendant - whether statement of claim alleges essential ingredients of a claim under Contracts Review Act 1980 - consideration of effect of s 17 of Act - pleadings disclosed no reasonable cause of action against second defendant - statement of claim against second defendant struck out Legislation Cited: Contracts Review Act 1980 Farm Debt Mediation Act 1994 Real Property Act 1900 Trade Practices Act (Cth) 1974 Uniform Civil Procedure Rules 2005 Cases Cited: Commercial Bank of Australia Ltd v Amadio (1982 - 1983) 151 CLR 447 Drury v Stone [2000] NSWCA 45 Elders Rural Finance Ltd. v. Smith (1996) 41 NSWLR 296 Permanent Mortgages v MacFadyen [2012] NSWSC 130 State Bank v Sullivan [1999] NSWSC 396 West v. AGC (Advances) Ltd. (1986) 5 NSWLR 610 White v Illawarra Mutual Building Society Ltd & Ors. [2002] NSWCA 164 Category: Interlocutory applications Parties: Hugh Francis Arthur Williamson - (Plaintiff) Carneys Lawyers Pty Limited - (First defendant) Rabobank Australia Limited (Second defendant) Representation: Counsel R White - (Plaintiff) RI Bellamy - (Second defendant) Solicitors DC Legal Pty Ltd - (Plaintiff) Gadens Lawyers - (Second defendant) File Number(s): 2012/302629