Beehag v Star Dreamer Holdings Pty Ltd [2014] NSWSC 1162

Supreme Court New South Wales

Medium Neutral Citation: Beehag v Star Dreamer Holdings Pty Ltd [2014] NSWSC 1162 Hearing dates: 17 March 2014 Decision date: 22 August 2014 Jurisdiction: Common Law Before: Button J Decision: (1) The orders dismissing the plaintiff's notice of motion and that the plaintiff pay the costs of the fourth and fifth defendants made by Registrar Bradford on 13 August 2013 be set aside. (2) Leave is granted to the plaintiff to file and serve a further amended statement of claim as per the copy of the document that is annexure "D" to the Affidavit of Gordon Jeffrey Bryant sworn 4 June 2013 which was filed with Plaintiff's earlier notice of motion on 5 June 2013 (incorrectly stamped as "5 May 2013"). (3) The fourth and fifth defendants are to pay the costs of the plaintiff of the application before the Registrar. (4) The parties have leave to approach the Registry in order to have the matter re-listed at a time and date convenient to them no later than two weeks from today. (5) The notice of motion of the fourth and fifth defendants filed 1 October 2013 is dismissed. (6) The fourth and fifth defendants are to pay the costs of the plaintiff of the plaintiff's motion filed 4 September 2013 and the defendants' motion filed 1 October 2013. Catchwords: PRACTICE AND PROCEDURE - review of Registrar's decision to dismiss proceedings - whether proposed pleading contains a valid cause of action -Trade Practices Act s 82 - consideration of requirement that complainant suffer loss "by an act of another person" Legislation Cited: Corporations Law 1991 (Cth), ss 995, 1005 Fair Trading Act 1992 (ACT) Trade Practices Act 1974, ss 52, 82, 87 Uniform Civil Procedure Rules (2005) r 49.19 Cases Cited: Digi-Tech (Aust) Ltd v Brand [2004] NSWCA 58; (2004) ATPR 46-248 General Steel Industries Inc v Commissioner for Railways NSW (1964) 112 CLR 125 Hampic Pty Limited v Adams [1999] NSWCA 455 Ingot Capital Investments Pty Ltd and Others v Macquarie Equity Capital Markets Limited and Others [2008] NSWCA 206; 73 NSWLR 653 Janssen-Cilag Pty Ltd v Pfizer Pty Ltd (1992) 37 FCR 257 Stockland (Constructions) Pty Ltd v Retail Design Group (International) Pty Ltd [2003] NSWCA 84 Category: Principal judgment Parties: Roderick Jobson Beehag (Plaintiff) Star Dreamer Holdings Pty Ltd (First Defendant) David Hayden Valuations Pty Limited (Second Defendant) David William Hayden (Third Defendant) Miasa Holdings Pty ltd trading as Laing & Simmons Kingsford (Fourth Defendant) Nicholas Efrossynis & Sotirios Karatasas (Fifth Defendant) Representation: Counsel: B Walker SC (Plaintiff) J Anderson (Plaintiff) I R Pike SC (Fourth Defendant/Fifth Defendant) Solicitors: F C Bryant Thomas & Co Solicitors & Attorneys (Plaintiff) Back Schwartz Vaughan (Fourth Defendant/Fifth Defendant) File Number(s): 2012/212803