Hirshman v Dixon Smith [2015] NSWSC 1599

Supreme Court New South Wales

Medium Neutral Citation: Hirshman v Dixon Smith [2015] NSWSC 1599 Hearing dates: 30 June and 27 August 2015 Date of orders: 29 October 2015 Decision date: 29 October 2015 Jurisdiction: Equity Before: Robb J Decision: Plaintiffs to indicate how they wish to respond to these reasons for judgment. Catchwords: PROCEDURE – civil – pleadings – plaintiffs' application for leave to file second further amended statement of claim – defendants oppose leave –aspects of proposed pleading do not support a reasonably arguable claim by the plaintiffs – parts of pleading not drafted in a precise and concrete manner, with some particulars found to be inadequate – plaintiffs must obtain further information to substantiate some serious allegations of breach – the proposed pleading does not sufficiently satisfy relevant pleading rules – does not appear to facilitate the just, quick and cheap resolution of the dispute – present form of pleading is oppressive to the defendants – leave to file second further amended statement of claim not granted – may be remediable by revision of the pleading – plaintiffs invited to indicate response to judgment Legislation Cited: Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth) Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Bendigo & Adelaide Bank Ltd v Cairncross; Bendigo & Adelaide Bank Ltd v Elite Advertising Group Pty Ltd (2011) 84 ACSR 589; [2011] NSWSC 610 Butt v M'Donald (1896) 7 QLJ 68 Karl Suleman Enterprizes Pty Ltd (in liq) v Pham [2013] NSWCA 93 Mackay v Dick (1881) 6 App Cas 251 Meckiff v Simpson [1968] VR 62 New South Wales v Radford (2010) 79 NSWLR 327; [2010] NSWCA 276 Secured Income Real Estate (Aust) Ltd v St Martins Investments Pty Ltd (1979) 144 CLR 596 Wharf Properties Ltd v Eric Cumine Associates (1991) 52 BLR 1 Category: Procedural and other rulings Parties: James Henry Hirshman (first plaintiff) Meryn Jane Hirshman (second plaintiff) Merjan Pty Ltd as Trustee of the Hirshman Family Discretionary Trust (third plaintiff) Stuart Dixon Smith (first defendant) Townway Pty Ltd (second defendant) Representation: Counsel: D Pritchard SC/J Emmett (plaintiffs) M T Steele SCM Newman (defendants)