Stankovic v Hockey [2014] NSWSC 1455

Supreme Court New South Wales

Medium Neutral Citation: Stankovic v Hockey [2014] NSWSC 1455 Hearing dates: 16 October 2014 Decision date: 24 October 2014 Jurisdiction: Common Law Before: Button J Decision: (1) The plaintiff's amended statement of claim filed 11 August 2014 is struck out pursuant to r 14.28 of the Uniform Civil Procedure Rules. (2) The plaintiff is to file and serve any further amended statement of claim on or before 21 November 2014. (3) The proceedings are stood over before the Registrar for directions at 9am on Friday 28 November 2014. (4) The relief sought in prayer 2 of the notice of motion filed 19 May 2014 is stood over to 28 November 2014 at 9am before the Registrar. (5) No order as to the costs of the proceedings before me. Catchwords: PRACTICE AND PROCEDURE - application to dismiss proceedings - in the alternative, application to strike out amended statement of claim - whether amended statement of claim is defective - whether claim of the plaintiff is doomed to failure Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Magna Carta Uniform Civil Procedure Rules rr 13.4, 14.28 Cases Cited: Cabassi v Vila [1940] HCA 41; 64 CLR 130 D'Orta-Ekenaike v Victorian Legal Aid [2005] HCA 12; 223 CLR 1 Giannarelli v Wraith [1988] HCA 52; 165 CLR 543 Mcguirk v the University of New South Wales [2009] NSWSC 1424 Stankovic v Hockey [2014] NSWSC 1019 Young v Hones [2014] NSWCA 337 Category: Principal judgment Parties: Michael Stankovic (Plaintiff) Chris Hockey (Defendant) Representation: Counsel: Plaintiff self-represented DA Lloyd (Defendant) Solicitors: Plaintiff self-represented Kennedys (Defendant) File Number(s): 2014/58832