Burrell Solicitors Pty Limited v Reavill Farm Pty Limited [2014] NSWSC 569

Supreme Court New South Wales

Medium Neutral Citation: Burrell Solicitors Pty Limited v Reavill Farm Pty Limited [2014] NSWSC 569 Hearing dates: 8 May 2014 Decision date: 08 May 2014 Jurisdiction: Equity Division Before: Young AJA Decision: Application to strike-out Statement of Claim dismissed. Leave to amend Notice of Motion granted. Leave granted to plaintiffs to discontinue against the sixth defendant. Applicants to pay costs of motion to date. Catchwords: PRACTICE AND PROCEDURE - strike-out application - COSTS - security for costs sought - CASE MANAGEMENT - whether proceedings should be consolidated with concurrent proceedings in the Supreme Court of NSW. Legislation Cited: Trade Practices Act 1974 (Cth) Civil Procedure Act 2005 (NSW) ss 56 et seq Bankruptcy Act 1966 (Cth) ss 58 et seq Cases Cited: Ballard v Multiplex Ltd [2008] NSWSC 1019 Category: Principal judgment Parties: Reavill Farm Pty Limited (applicant/ first defendant) (applicant/ second defendant) (applicant/ third defendant) (applicant/ fourth defendant) (applicant/ fifth defendant) (applicant/ sixth defendant) Burrell Solicitors Pty Limited (respondent/ first plaintiff) Mr JL Burrell (respondent/ second plaintiff) Representation: Counsel: Ms V. McWilliam (applicants/defendants) Mr L. Livingston (respondents/plaintiffs) Solicitors: File Number(s): 2013/386077 Publication restriction: None