In the matter of St Gregory’s Armenian School Inc [2016] NSWSC 1047

Supreme Court New South Wales

Medium Neutral Citation: In the matter of St Gregory's Armenian School Inc [2016] NSWSC 1047 Hearing dates: 29 July 2016 Date of orders: 29 July 2016 Decision date: 29 July 2016 Jurisdiction: Equity Before: Barrett AJA Decision: (1) The plaintiffs pay the defendant's costs thrown away by the amendments made in the further amended statement of claim filed 22 July 2016. (2) The whole of the further amended statement of claim filed 22 July 2016 be struck out. (3) Grant leave to the plaintiffs to replead. (4) Direct that the plaintiffs serve on the defendant a proposed second further amended statement of claim on or before 19 August 2016. (5) List the matter for directions on 22 August 2016. (6) The plaintiffs pay the defendant's costs of the interlocutory process filed 22 April 2016. Catchwords: PROCEDURE – pleading – application for order striking out further amended statement of claim in its entirety – pleading as a whole seriously deficient against the standard referred to in r 14.28(1)(b) – order made with liberty to replead – no matter of principle. Legislation Cited: Corporations Act 2001 (Cth), ss 482, 504 Uniform Civil Procedure Rules 2005 (NSW), r 14.28 Category: Procedural and other rulings Parties: (P1) Michael Ghougassian (P2) Daniel Ghougassian (D) Roderick Mackay Sutherland liquidator of St Gregory's Armenian School Inc (in liq) (ABN 18 283 910 231) Representation: Counsel: Ms JK Taylor - Applicant on the motion (Defendant) Mr PE King - Respondents on the motion (Plaintiffs)