Vincent Francis Stanizzo v Muhammad Badarne & Ors [2014] NSWSC 689

Supreme Court New South Wales

Medium Neutral Citation: Vincent Francis Stanizzo v Muhammad Badarne & Ors [2014] NSWSC 689 Hearing dates: 29 April 2014 Decision date: 29 May 2014 Jurisdiction: Equity Division Before: Robb J Decision: (1)Order under UCPR r 13.4 that the claims pleaded by the plaintiff against the first and second defendants, or one of them, in pars 30 to 49 and 62 to 78 of the statement of claim be summarily dismissed. (2)Order under UCPR r 14.28 that the balance of the plaintiff's statement of claim be struck out as against the first and second defendants. (3)Order under UCPR r 14.28 that the statement of claim be struck out as against the fourth defendant. (4)Direct the plaintiff, if the plaintiff wishes to apply for leave to file an amended statement of claim in relation to the claims that have not summarily been dismissed by order (1) to serve on the first, second and fourth defendants, or so many of those defendants against whom the plaintiff wishes to continue his proceedings, a draft amended statement of claim by 4 PM on 19 June 2014. (5)Direct each of the defendants upon whom the plaintiff serves a draft amended statement of claim to advise the plaintiff whether the defendant opposes the plaintiff being given leave to file the draft amended statement of claim, and if so the reasons for the opposition, by 4 PM on 3 July 2014. (6)Order the plaintiff to pay the costs of the first and second defendants in relation to the claims made in the paragraphs of the statement of claim referred to in order (1). (7)Order the plaintiff to pay the costs of the first, second and fourth defendants of the notices of motion filed by them on 8 and 11 November 2013, including the hearing on 29 April 2014. (8)Order that otherwise the costs of the proceedings to date be reserved. (9)Stand the proceedings over for directions before Robb J on 9 July 2014 at 9:30 AM Catchwords: PRACTICE AND PROCEDURE - summary dismissal - strike out - no material facts capable of supporting a cause of action PRACTICE AND PROCEDURE - communications from parties to presiding judge's chambers - practice to be followed Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Akki Pty Ltd v Martin Hall Pty Ltd (1994 -1995) 35 NSWLR 470 Ken Tugrul v Tarrants Financial Consultants Pty Ltd (in liquidation) [2013] NSWSC 1971 R v Fisher [2009] VSCA; (2009) 22 VR 343 Category: Interlocutory applications Parties: Vincent Francis Stanizzo (plaintiff) Muhammad Badarne (first defendant) Good Legal Pty Ltd (second defendant) Adbul Karim Charmand (third defendant) Nasser Aouad (fourth defendant) Representation: Counsel: In person (plaintiff) Mr JR Young (first and second defendants) Mr S Maybury (fourth defendant) Solicitors: Justice Lawyers (plaintiff) Good Legal Lawyers (first and second defendants) HWL Ebsworth (fourth defendant) File Number(s): 2013/291210