S1 v The Trustees of Marist Brothers [2016] NSWSC 970

Supreme Court New South Wales

Medium Neutral Citation: S1 v The Trustees of Marist Brothers [2016] NSWSC 970 Hearing dates: 5 July 2016 Date of orders: 14 July 2014 Decision date: 14 July 2016 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) The statement of claim is struck out.

(2) The plaintiff is to file and serve an amended statement of claim that complies with paragraph [51] within 28 days.

(3) Costs are reserved. Catchwords: PROCEDURE – notice of motion – order seeking to strike out plaintiff's statement of claim – statement of claim too wide – struck out Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Civil Procedure Act 2005 (NSW) Civil Liability Act 2002 (NSW) Cases Cited: Ballina Shire Council v Ringland [1999] NSWSC 11 Banque Commerciale SA, En Liquidation v Akhil Holdings Limited [1990] HCA 11; 179 CLR 279 Commonwealth v Introvigne [1982] HCA 40; 150 CLR 258 McGuirk v The University of New South Wales [2009] NSWSC 1424 Ramsay v Larsen [1964] HCA 40; 111 CLR 16 Roads and Traffic Authority of NSW v Dederer [2007] HCA 42; 234 CLR 330 Williams v Eady (1893) 10 TLR 41 Williams v Spautz [1992] HCA 34; 174 CLR 509 Category: Procedural and other rulings Parties: S1 (Plaintiff) The Trustees of Marist Brothers (First Defendant) Kieran Geaney (Second Defendant) John Thompson as executor of the estate of the late Alman Dwyer (Third Defendant) Jeffrey Crowe as executor of the estate of the late Robert Goodwin (Fourth Defendant) Ronald Perry (Fifth Defendant) Alexis Turton (Sixth Defendant) Geoffrey Joy (Seventh Defendant) Christopher Wade (Eighth Defendant) Ernest Houston (Ninth Defendant) Kelvin Canavan (Tenth Defendant) Mark Gillogly (Eleventh Defendant) Marshal McMahon (Twelfth Defendant) Terence Heinrich (Thirteenth Defendant) Salvius Glass (Fourteenth Defendant) Representation: Counsel: A Bartley SC with F Tuscano (Plaintiff) J Lonergan SC with S Moloney (Defendants)