Deputy Commissioner of Taxation v Bonaccorso (No.3) [2016] NSWSC 1018

Supreme Court New South Wales

Medium Neutral Citation: Deputy Commissioner of Taxation v Bonaccorso (No.3) [2016] NSWSC 1018 Hearing dates: On the papers Date of orders: 05 August 2016 Decision date: 05 August 2016 Before: Garling J Decision: (1) The Defence filed by the defendant on 30 May 2016 is struck out. (2) If the defendant wishes to file any further Defence in these proceedings, then he must first seek leave to do so by filing and serving a Notice of Motion and affidavit in support, which includes the proposed Defence. (3) Together with the Notice of Motion and affidavit, the defendant is to file and serve written submissions, no more than 10 pages in length, setting out the basis upon which the Court ought to grant leave to file the Defence. (4) Within 7 days after service of the Notice of Motion upon the plaintiff, the plaintiff is to file and serve any written submissions in opposition to the leave being sought. (5) The Notice of Motion will, unless otherwise ordered by a Judge of the Court, be dealt with on the papers. (6) The costs of the Notice of Motion dated 16 June 2016 filed by the plaintiff are to be paid by the defendant. (7) The proceedings are fixed for further directions before the Registrar of the Common Law Division on Monday 5 September 2016 at 9am. Catchwords: PROCEDURE – civil – pleadings – application to strike out Defence – where Defence contains unintelligible and irrelevant allegations and fails to plead material facts – whether pleading is embarrassing – whether defendant should be given the opportunity to re-plead Legislation Cited: Civil Procedure Act 2005 Crimes Act 1914 (C'th) Uniform Civil Procedure Rules 2005 Cases Cited: Banque Commerciale SA v Akhil Holdings Ltd [1990] HCA 11; (1990) 169 CLR 279 Dare v Pulham [1982] HCA 70; (1982) 148 CLR 658 Deputy Commissioner of Taxation v Bonaccorso [2016] NSWSC 595 Gunns Ltd v Meagher [2005] VSC 251 Kirby v Sanderson Motors Pty Ltd [2002] NSWCA 44; (2001) 54 NSWLR 135 McGuirk v The University of NSW [2009] NSWSC 1424 Szanto v Bainton [2011] NSWSC 985 Texts Cited: Not Applicable Category: Consequential orders (other than Costs) Parties: Deputy Commissioner of Taxation (P) Garry Bonaccorso (D) Representation: Solicitors: Craddock Murray Neumann Lawyers (P) G Bonaccorso (D) File Number(s): 2014/52642 Publication restriction: Not Applicable