Victor Warren Ollis v Aaron Gregory Lye & Anor [2016] NSWSC 1616

Supreme Court New South Wales

Medium Neutral Citation: Victor Warren Ollis v Aaron Gregory Lye & Anor [2016] NSWSC 1616 Hearing dates: 16 November 2016 Date of orders: 16 November 2016 Decision date: 16 November 2016 Jurisdiction: Equity Before: Slattery J Decision: Pleading struck out. Leave to re-plead. No restraint issued against counsel for the plaintiff in continuing to act in the proceedings. Security for costs not ordered. Directions for further preparation of the proceedings for hearing made. Catchwords: PRACTICE AND PROCEDURE – striking out pleadings – UCPR, rr 13.4 and 14.28 – whether a reasonable cause of action is disclosed – whether pleading is embarrassing – application to restrain counsel from acting in proceedings – whether there is a conflict of interest and whether counsel should be permitted to continue to act – the plaintiff has been bankrupt in the past and may go bankrupt again - whether security for costs should be ordered against the plaintiff – proceedings involving litigants in person – application of Practice Note Supreme Court Eq 11. Legislation Cited: Uniform Civil Procedure Rules 2005, rr 13.4. 14.20 Cases Cited: Bryan E Fencott & Associates Pty Ltd v Eretta Pty Ltd (1987) 16 FCR 497 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Kallinicos & Anor v Hunt & Ors [2005] NSWSC 1181 North Groongal Pty Ltd v ANZ McCaughan Ltd (1993) 61 SASR 302 Category: Procedural and other rulings Parties: Plaintiff: Victor Warren Ollis First Defendant: Aaron Gregory Lye Second Defendant: Christopher John Lye Representation: Counsel: