Antoun v Russo (No 2) [2018] NSWSC 1662

Supreme Court New South Wales

Medium Neutral Citation: Antoun v Russo (No 2) [2018] NSWSC 1662 Hearing dates: 31 October 2018 Decision date: 01 November 2018 Jurisdiction: Common Law Before: Adamson J Decision: (1) Dismiss the proceedings pursuant to Uniform Civil Procedure Rules 2005 (NSW), r 13.4(1)(b).

(2) Order the plaintiff to pay the defendants' costs of the proceedings, including the notice of motion filed by the first, second and third defendants on 10 October 2018 and by the fourth defendant on 19 October 2018. Catchwords: PRACTICE AND PROCEDURE – pleadings – application to dismiss proceedings as no reasonable cause of action disclosed – principle of reflective loss Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) (UCPR), rr 13.4, 42.1 Cases Cited: VPlus Holdings Pty Ltd v Bank of Western Australia Ltd [2012] NSWSC 1327; (2012) 91 ACSR 545 Category: Principal judgment Parties: Nemer Antoun (Plaintiff) Angelo Russo (First Defendant) Wentworth Williams & Associates (Second Defendant) Filomina Kyriacou (Third Defendant) St George Illawarra Dragons (Fourth Defendant) Representation: Counsel: Plaintiff in person B Dean (First, Second and Third Defendants) M Wirth (Fourth Defendant)

Solicitors: Hanna Legal (First, Second and Third Defendants) Henry William Lawyers (Fourth Defendant) File Number(s): 2018/218281

Judgment

Introduction 1. By statement of claim filed on 16 July 2018, Nemer Antoun (the plaintiff) commenced proceedings against Angelo Russo (the first defendant), Wentworth Williams & Associates Pty Ltd (the second defendant), Filomina Kyriacou (the third defendant) and St George Illawarra Leagues Football Club (the fourth defendant). 2. The first, second and third defendants (the first applicants) filed a notice of motion on 10 October 2018 for an order dismissing the proceeding pursuant to Uniform Civil Procedure Rules 2005 (NSW) (UCPR), r 13.4; or, in the alternative, an order that the statement of claim and proposed amended statement of claim be struck out. The fourth defendant (the second applicant) filed a notice of motion seeking similar relief on 19 October 2018.