Khanna v Baweja [2017] NSWDC 388

District Court New South Wales

Medium Neutral Citation: Khanna v Baweja [2017] NSWDC 388 Hearing dates: 1 September 2017 Date of orders: 01 September 2017 Decision date: 01 September 2017 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Strike out all existing pleadings of the plaintiff, including the Amended Statement of Claim filed 15 June 2017. (2) Direct that no motion is to be filed by the plaintiff, other than a motion seeking leave to file a Further Amended Statement of Claim and, if desired, joinder of Mrs Khanna as a plaintiff, and no notices to produce are to be served or called upon, until such time as the plaintiff has been given leave to file a Further Amended Statement of Claim. (3) Grant leave to the defendants to relist and renew their applications for dismissal of the proceedings in the event that leave is not granted for the filing of the Further Amended Statement of Claim by 31 October 2017. (4) Plaintiff to pay the defendants' costs of today. Catchwords: CIVIL PROCEDURE — pleadings — striking out — no reasonable cause of action or defence – tendency to cause embarrassment - amended pleading not provided Category: Procedural and other rulings Parties: Sanjeev Khanna (plaintiff) Jaskeerat Singh Baweja (first defendant) Powerlist Pty Limited Trading As Response Real Estate (Baulkham Hills) (second defendant) Representation: Counsel: Ms T A Berberian (first defendant) Mr Buterin (second defendant)

Solicitors: Colin Biggers & Paisley (first defendant) Moray & Agnew (second defendant) File Number(s): 2017/80538 Publication restriction: None