Zepinic v Chateau Constructions (Aust) Limited (No 3) [2013] NSWSC 1804

Supreme Court New South Wales

Medium Neutral Citation: Zepinic v Chateau Constructions (Aust) Limited (No 3) [2013] NSWSC 1804 Hearing dates: 15 November 2013 Decision date: 15 November 2013 Jurisdiction: Equity Division Before: Darke J Decision: (1) The plaintiff's Notice of Motion filed on 2 July 2013 is dismissed with costs. (2) The plaintiff's Statement of Claim filed on 30 April 2013 is struck out; (3) The plaintiff is ordered to provide security for the defendant's costs in the sum of $50,000, such sum to be provided by way of cash or bank cheque or such other form as may be acceptable to the Registrar of the Court. (4) The proceedings are stayed until security is provided in accordance with order 3 above. (5) The plaintiff is granted leave to file an amended Statement of Claim, on conditions that: (a) the security has been provided in accordance with order 3 above; and (b) the plaintiff provide, in the amended Statement of Claim, an address for service as required by the rules including as required by UCPR r 4.5. (6) The defendant's Notice of Motion filed on 12 July 2013 is otherwise dismissed. (7) Order that the plaintiff pay the defendant's costs of that motion. Catchwords: PROCEDURE - civil - pleadings - defective pleadings - application to strike out - tendency to cause prejudice, embarrassment or delay

COSTS - security for costs - foreign plaintiff

PROCEDURE - civil - default judgment - defective statement of claim Legislation Cited: Uniform Civil Procedure Rules 2005 Category: Procedural and other rulings Parties: Dr Vito Zepinic (In Person) (Plaintiff) Chateau Constructions (Aust) Limited (Defendant) Representation: Counsel: B Ilkovski (Defendant) Solicitors: Toomey Pegg Lawyers (Defendant) File Number(s): 2013/132492 Publication restriction: Nil