Hardcastle v Santos Limited [2017] NSWDC 137

District Court New South Wales

Medium Neutral Citation: Hardcastle v Santos Limited [2017] NSWDC 137 Hearing dates: 18 and 19 May 2017 Date of orders: 19 May 2017 Decision date: 19 May 2017 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Defendants' notice of motion filed 21 February 2017 granted. (2) The Second Amended Statement of Claim be struck out pursuant to r 14.28 of the Uniform Civil Procedure Rules 2005 on the basis that no reasonable cause of action is disclosed. (3) Order the plaintiff to pay the defendants' costs of the proceedings. (4) Grant liberty to the defendants to make any application in respect of a special costs order within seven days by notice to the plaintiff and my associate. Catchwords: PRACTICE AND PROCEDURE – nuisance – misleading and deceptive conduct - application to strike out – summary dismissal – non-compliance with a court order – no reasonable cause of action disclosed Cases Cited: Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594 Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Gold and Copper Resources Pty Ltd v Newcrest Operations Ltd [2013] NSWSC 28 Wardley Australia Ltd v State of Western Australia (1992) 175 CLR 514 Watson v Foxman (1995) 49 NSWLR 315 Category: Procedural and other rulings Parties: Philip Julian Hardcastle (plaintiff) Santos Limited (first defendant) Santos NSW Pty Ltd (second defendant) Representation: Counsel: Mr T Bagley (defendants)