Reid v Hartcher [2017] NSWSC 1274

Supreme Court New South Wales

Medium Neutral Citation: Reid v Hartcher [2017] NSWSC 1274 Hearing dates: 12 September 2017 Decision date: 28 September 2017 Jurisdiction: Common Law Before: N Adams J Decision: (1) Pursuant to r 14.28 of the Uniform Civil Procedure Rules 2005 (NSW), the statement of claim filed 28 April 2017 is struck out. (2) Leave to file the amended statement of claim dated 8 September 2017 is refused. (3) The plaintiff is to serve a proposed amended statement of claim on the defendant by 5pm on 27 October 2017. (4) The defendant is to notify the plaintiff by 5pm on 10 November 2017 whether it consents to the filing of that statement of claim. (5) If no consent is forthcoming, the plaintiff is to file and serve a notice of motion seeking leave to file any proposed further amended statement of claim together with all affidavits upon which he proposes to rely and an outline of written submissions in support of the orders sought by 24 November 2017. (6) The defendant is to file and serve any affidavits upon which he proposes to rely and a written outline of submissions in reply to the motion on or before 8 December 2017. (7) Grant leave for the motion to be returnable before the Registrar at 9am on 12 December 2017. (8) Otherwise dismiss the notice of motion of the defendant filed on 17 August 2017. (9) Order that each party pay his own costs of the motion. Catchwords: PRACTICE AND PROCEDURE – tort of deceit – application to strike out pleadings – whether pleading sufficiently particularised – whether elements of tort of deceit specifically pleaded – whether pleading embarrassing