Abignano Nominees Pty Ltd v Altius Pty Ltd [2018] NSWSC 732

Supreme Court New South Wales

Medium Neutral Citation: Abignano Nominees Pty Ltd v Altius Pty Ltd [2018] NSWSC 732 Hearing dates: 8 May 2018 Decision date: 23 May 2018 Jurisdiction: Common Law Before: Button J Decision: (1) Pursuant to rule 14.28(1) of the Uniform Civil Procedure Rules 2005 (NSW), the following paragraphs of the defendant's Amended Defence filed 15 March 2018 are struck out, with leave to the defendant to replead: (a) 4, 6, 19, 21, 23, 24(b), 27, 28, 29, 30, 32 and 38. (2) The defendant must file and serve any Further Amended Defence in accordance with Order 1 by 5pm on 4 July 2018. (3) Any Further Amended Defence filed in accordance with Order 1 must comply with UCPR 19.5, and in particular must clearly indicate the nature of any amendments as they relate to the Defence filed on 21 December 2017. (4) The matter is listed at 9 am before the Common Law Registrar for directions on 11 July 2018. (5) The defendant, Altius Pty Ltd, must pay the costs of the plaintiffs of the proceedings before me. Catchwords: CIVIL PROCEDURE – notice of motion – whether Amended Defence complies with rules of formatting to permit differentiation of it from the preceding pleading – whether the Amended Defence provides sufficient detail about the particular parts of documents relied upon and their asserted effect – paragraphs struck out with leave to file a further amended defence Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 14.28, 19.5 Category: Procedural and other rulings Parties: Abignano Nominees Pty Ltd (First Plaintiff) Avich Holdings Pty Ltd (Second Plaintiff) Gennaro Abignano (Third Plaintiff) B&J Abignano Pty Ltd (Fourth Plaintiff) Altius Pty Ltd (Defendant) Representation: Counsel: D Neggo (Plaintiff) R Weaver (Defendant)