Scicluna v Royal Motor Yacht Club Port Hacking [2014] NSWDC 105

District Court New South Wales

Medium Neutral Citation: Scicluna v Royal Motor Yacht Club Port Hacking [2014] NSWDC 105 Hearing dates: 11 April 2014 Decision date: 11 April 2014 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Strike out the claim against the fourth defendant by striking out the references to the fourth defendant in paragraph 19 and noting the concession of the plaintiff that references to the defendants in paragraphs 8, 9, 11, 13 and 17 do not refer to the fourth defendant. (2) Leave to the plaintiff to amend his statement of claim by adding a claim against the fourth defendant pleaded in accordance with the rules; any amended statement of claim embracing a further claim against the fourth defendant to be filed by 2 May 2014. (3) The notice of motion is otherwise dismissed. (4) Order the plaintiff to pay the fourth defendant's costs of the notice of motion. (5) Liberty to the fourth defendant to apply for an order for his costs of the proceedings payable forthwith in the event that no claim against the fourth defendant is filed 2 May 2014. Catchwords: SUMMARY DISMISSAL - breach of contract by company - liability of director - inducing breach of contract - conspiracy - insufficient particulars Legislation Cited: Legal Professional Act 2004, s 348 Uniform Civil Procedure Rules 2005, r 13.4 Cases Cited: O'Brien v Dawson (1942) 66 CLR 18 Said v Butt (1920) 3 KB 497 Tsaprazis & Ors v Goldcrest Properties Pty Ltd & Ors [2000] NSWSC 206 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Interlocutory applications Parties: David Scicluna (plaintiff) Royal Motor Yacht Club Port Hacking (first defendant) Barry Yates (second defendant) Ray Cranefield (third defendant) Darren Vardy (fourth defendant) Andrew Stubbs (fifth defendant) Representation: Mr J T Johnson (fourth defendant) McArdle Legal (plaintiff) MCW Lawyers Pty Limited (fourth defendant) File Number(s): 2013/252731 Publication restriction: None