Stankovic v Hockey [2014] NSWSC 1019

Supreme Court New South Wales

Medium Neutral Citation: Stankovic v Hockey [2014] NSWSC 1019 Hearing dates: 25 July 2014 Decision date: 25 July 2014 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) Pursuant to Uniform Civil Procedure Rules r 14.28 the statement of claim filed on 25 February 2014 be struck out. (2) I order the plaintiff to file and serve on or before 19 September 2014 any amended statement of claim. (3) I order the proceedings to stand over before the Registrar for directions at 9am on Thursday 25 September 2014. (4) I grant the parties liberty to apply on two days' notice. (5) I order that the plaintiff pay the defendant's costs of his notice of motion. (6) I stay the entry of order (5) up to and including 5 September 2014. (7) I grant the plaintiff liberty to apply to the associate of Beech-Jones J to set aside or vary order (5), such application to be notified on or before 19 September 2014. (8) The relief sought in prayer 2 of the notice of motion is stood over to 25 September 2014 at 9am before a Registrar. (9) I direct the defendant's solicitors to provide this judgment and the orders to the plaintiff and any solicitor who enters an appearance on his behalf. Catchwords: PLEADING - defective statement of claim - no question of principle. Legislation Cited: - Civil Procedure Act 2005 (NSW), s 56 - Uniform Civil Procedure Rules 2005 (NSW), r 15.3 Cases Cited: - Attorney General of NSW v Wilson [2010] NSWSC 1008 Category: Interlocutory applications Parties: Michael Stankovic (aka Milovan Stankovic) (Plaintiff) Charles Hockey (Defendant) Representation: Counsel: No appearance (Plaintiff) D.A. Lloyd (Defendant) Solicitors: No appearance (Plaintiff) Kennedys (Australasia) Pty Ltd (Defendant) File Number(s): 2014/058832