Hoxton Park Residents Action Group Inc v Liverpool City Council [2014] NSWSC 617

Supreme Court New South Wales

Medium Neutral Citation: Hoxton Park Residents Action Group Inc v Liverpool City Council [2014] NSWSC 617 Hearing dates: 15 May 2014 Decision date: 15 May 2014 Before: Ball J Decision: 1. Strike out the replies filed by the plaintiffs on 2 May 2014 and 5 May 2014. 2. The plaintiffs pay the costs of the fourth defendant's motion filed on 12 May 2014 and the fifth defendant's motion filed on 7 May 2014. Catchwords: PROCEDURE - civil - pleadings - application to strike out replies filed to defences - UCPR r 14.28 - whether replies an abuse of process - whether replies have a tendency to cause prejudice, embarrassment or delay Legislation Cited: Australia Act 1986 (Cth) The Commonwealth Constitution Environmental Planning and Assessment Act 1979 (NSW) Financial Management and Accountability Act 1997 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Texts Cited: Bullen & Leake & Jacob's, Precedents of Pleadings, (12th edition), Sweet & Maxwell Category: Procedural and other rulings Parties: Hoxton Park Residents Action Group Inc (First Plaintiff) Marella Harris (Second Plaintiff) Liverpool City Council (First Defendant) Malek Fahd Islamic School Ltd (Second Defendant) Australian Federation of Islamic Councils Inc (Third Defendant) State of New South Wales (Fourth Defendant) Commonwealth of Australia (Fifth Defendant) Representation: Counsel: P E King (Plaintiffs) A Cheshire (Second and Third Defendants) H El-Hage (Fourth Defendant) S Free (Fifth Defendant) Solicitors: Robert Balzola & Associates (Plaintiffs) Goldrick Farrell Mullan (Second and Third Defendants) Crown Solicitor's Office (Fourth Defendant) Australian Government Solicitor (Fifth Defendant) File Number(s): 2009/289796 Publication restriction: Nil