Mitchell v Moore [2015] NSWSC 180

Supreme Court New South Wales

Medium Neutral Citation: Mitchell v Moore [2015] NSWSC 180 Hearing dates: 6 March 2015 Date of orders: 09 March 2015 Decision date: 09 March 2015 Jurisdiction: Common Law Before: Wilson J Decision: Statement of claim struck out; plaintiff has leave to file and serve a further statement of claim on or before 25 March 2015; plaintiff to pay the defendant's costs of the proceedings including costs of the motion on an indemnity basis Catchwords: PROCEDURE – civil – notice of motion to have plaintiff's statement of claim struck out – no reasonable cause of action – insufficient pleadings - indemnity costs Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: H 1976 Nominees Pty Ltd v Galli and Apex Quarries Ltd [1979] FCA 74; 40 FLR 242 Category: Procedural and other rulings Parties: Luke John Mitchell (Plaintiff/Respondent) Sharon Moore (Defendant/Applicant) Representation: Counsel: Mr. O'Neill (Plaintiff/Respondent) Mr. Turnbull (Defendant/Applicant)

Solicitors: File Number(s): 2014/320073 Publication restriction: None

Judgment 1. On 30 October 2014, Luke John Mitchell filed a statement of claim in this Court naming Sharon Moore as defendant, and seeking relief in the form of a declaration that an asserted debt amounted to a charge on real property owned by Ms. Moore, pending repayment of a claimed amount of $318,776.22 plus interest. 2. On 11 December 2014 Ms. Moore filed a Notice of Motion seeking to have Mr. Mitchell's claim struck out as disclosing no reasonable cause of action, and as having a tendency to cause embarrassment.