Rix v Wells (No. 2) [2013] NSWSC 1608

Supreme Court New South Wales

Medium Neutral Citation: Rix v Wells (No. 2) [2013] NSWSC 1608 Hearing dates: 16 September, 30 October 2013 Decision date: 30 October 2013 Jurisdiction: Equity Division Before: Darke J Decision: 1. That the further amended statement of claim filed on 3 October 2013 be struck out pursuant to UCPR r 14.28. 2. That the further amended statement of claim filed on 14 October 2013 be struck out, either pursuant to UCPR r 14.28 or otherwise pursuant to UCPR r 4.15. 3. That the plaintiff pay the second and third defendants' costs of the notice of motion filed on 31 July 2013. Catchwords: PROCEDURE - summary disposal - whether sufficiently high degree of certainty regarding ultimate outcome - claims inadequately pleaded - distinction between existence of a reasonable cause of action and the pleading of a reasonable cause of action - where plaintiff self-represented - where plaintiff failed to comply with orders of the court to file and serve evidence in support of claim - application dismissed

PROCEDURE - pleadings - application to strike out statement of claim - statement of claim has tendency to cause prejudice, embarrassment or delay in the proceedings - statement of claim struck out - no leave to re-plead in present circumstances Legislation Cited: Conveyancing Act 1919 Uniform Civil Procedure Rules 2005 Cases Cited: Agar v Hyde [2000] HCA 41; (2000) 201 CLR 552 General Steel Industries Incorporated v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 ICM Agriculture Pty Ltd v Young [2009] FCA 109 Rix v Mahony [2009] NSWSC 675 Rix v Wells [2013] NSWSC 672 O'Brien v Bank of Western Australia Limited [2013] NSWCA 71 Spencer v The Commonwealth [2010] HCA 28; (2010) 241 CLR 118 White Industries Australia Limited v Federal Commissioner of Taxation (2007) 160 FCR 298 Category: Procedural and other rulings Parties: Frederick George Rix (Plaintiff) Malcolm George Brown (Second defendant) Romano Di Donato (Third defendant) Representation: Counsel: AP Coleman SC with RA Yezerski (Second and Third Defendants) Solicitors: Yeldham Price O'Brien Lusk File Number(s): SC: 2013/19198 Publication restriction: Nil