Craig v Silverbrook [2016] NSWSC 530

Supreme Court New South Wales

Medium Neutral Citation: Craig v Silverbrook [2016] NSWSC 530 Hearing dates: 14 April 2016 Date of orders: 28 April 2016 Decision date: 28 April 2016 Jurisdiction: Equity Before: Slattery J Decision: Pleading struck out as against the 12th, 17th, 19th, 21st, 22nd, 27th and 28th defendants, with costs. Catchwords: PROCEDURE – application to strike out Statement of Claim as against 12th to 24th, 27th and 28th defendants – application by plaintiffs to amend Statement of Claim - leave granted for proceedings to be discontinued as against defendants in liquidation, namely 13th to 16th, 18th, 20th, 23rd and 24th defendants – whether Statement of Claim discloses a reasonable cause of action or constitutes an abuse of process - whether leave to re-plead should be given. Legislation Cited: Civil Procedure Act 2005, s 98 Equity Act 1880, ss 70, 71, 73 and 77 Uniform Civil Procedure Rules 2005, r 14.28(1)(a) and (c) Cases Cited: Cabassi v Vila (1940) 64 CLR 130 Coshott Co v Kam Tou Mak [1998] FCA 147 Harrison v Schipp (2002) 54 NSWLR 612; [2002] NSWCA 78 Loretta Kistmah Craig & Ors v Kia Silverbrook & Ors [2013] NSWSC 1687 Wentworth v Rogers (No. 5) (1986) 6 NSWLR 534 Category: Procedural and other rulings Parties: First Plaintiff: Loretta Kistmah Craig Second Plaintiff: Vincent Desmond Craig Third Plaintiff: D & L Craig & Associates Pty Ltd [ACN 003 583 319] Fourth Plaintiff: DLC Properties Pty Limited [ACN 071 433 675] Fifth Plaintiff: DLCF Pty Limited [ACN 123 783 246] Twelfth Defendant: Memjet Technology Limited [Company Number 335478] Thirteenth Defendant: Delo Finance Limited [Company Number 351329] (in liq) Fourteenth Defendant: Sodep Limited [Company Number 322834] (In liq) Fifteenth Defendant: Hanric Limited [Company Number 313806] (In liq) Sixteenth Defendant: Corrizen Limited [Company Number 370817] (In liq) Seventeenth Defendant: Vandini Limited [Company Number 365376] Eighteenth Defendant: Monaxis Limited [Company Number 370300] (In liq) Nineteenth Defendant: Kamath Limited [Company Number 380291] Twentieth Defendant: Verifor Limited [Company Number 313914] (In liq) Twenty-First Defendant: Levon Limited [Company Number 322965] Twenty-Second Defendant: Milron Limited [Company Number 322721] Twenty-Third Defendant: Elberino Limited [Company Number 419951] (In liq) Twenty-Fourth Defendant: Hedblom Limited [Company Number 420022] Twenty-Seventh Defendant: Memjet Holdings Limited [Republic of Ireland Company Number 515252] Twenty-Eighth Defendant: Memjet North Pty Limited [ACN 158 185 883] Representation: Counsel: