Riva NSW Pty Limited v Mark A Fraser; Fraser v Riva (NSW) [2019] NSWSC 1310

Supreme Court New South Wales

Medium Neutral Citation: Riva NSW Pty Limited v Mark A Fraser; Fraser v Riva (NSW) [2019] NSWSC 1310 Hearing dates: 11 December 2017; 26 February 2018; 11 April 2018, 4 June 2018, 10 July 2018, 13 December 2018, and 6 March 2019. Date of orders: 30 September 2019 Decision date: 30 September 2019 Jurisdiction: Equity Before: Slattery J Decision: Statement of Claim struck out. The plaintiff ordered to pay the defendants' costs of the strike out motion. Orders made for circulation of a draft amended pleading prior to the Court considering whether leave should be granted for the filing of such a pleading. Orders made that leave to file an amended pleading will be conditioned upon terms that the plaintiff first pays the defendants' cost of the motion. Catchwords: CIVIL PROCEDURE – PLEADINGS – Striking out – application to strike out Statement of Claim – defendants contend on a motion to strike out that a Statement of Claim is defective in form under Uniform Civil Procedure Rules 2005 (NSW) ("UCPR"), r 14.28(1)(b) – defendants also contend that proceeding should be dismissed on the grounds that they fail to disclose a reasonable cause of action and are an abuse of process under UCPR, r 14.28(1)(a) and (c) – whether proceedings should be struck out – whether proceedings should be dismissed on other grounds – what consequential orders should be made. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Agusta Pty Ltd v Provident Capital Ltd (2012) 16 BPR 30,397 Little v Law Institute of Victoria (No 3) [1990] VR 257 Riva NSW Pty Ltd v Key Nominees Pty Ltd [2013] NSWSC 1952 Riva NSW Pty Ltd v Key Nominees Pty Ltd [2016] NSWSC 1569 Riva NSW Pty Ltd v Mark A Fraser & Christopher P Clancy t/as Fraser Clancy Lawyers [2014] NSWCA 454 Riva NSW Pty Ltd v Mark A Fraser & Christopher P Clancy trading as Fraser Clancy Lawyers [2018] NSWCA 53 Riva NSW Pty Ltd v Mark A Fraser & Christopher P Clancy t/as Fraser Clancy Lawyers [2018] NSWCA 186 Riva NSW Pty Ltd v Mark A Fraser & Christopher P Clancy trading as Fraser Clancy Lawyers (No 3) [2018] NSWCA 326 Tabet v Gett (2010) 240 CLR 537 Category: Principal judgment Parties: In proceedings 2017/166645: First Plaintiff: Mark Fraser Second Plaintiff: Christopher Clancy trading as Fraser Clancy Lawyers First Defendant: Riva (NSW) Pty Ltd ACN 113881815