Pritchard v Fryer [2020] NSWSC 311

Supreme Court New South Wales

Medium Neutral Citation: Pritchard v Fryer [2020] NSWSC 311 Hearing dates: 23 and 24 March 2020 Date of orders: 01 April 2020 Decision date: 24 March 2020 Jurisdiction: Equity Before: Parker J Decision: See [51] Catchwords: CIVIL PROCEDURE – Pleadings – strike-out – no reasonable cause of action – leave to amend pleadings – conditional on payment of costs

CIVIL PROCEDURE – separate determination of questions – questions of facts and law – application refused Legislation Cited: Competition and Consumer Act 2010 (Cth) Sch 2 – Australian Consumer Law, ss 18, 19, 33, 24, 20, 21, 224, 228 Uniform Civil Procedure Rules NSW (2005), r 28.2 Cases Cited: Pritchard v Fryer [2017] NSWSC 1752 Category: Procedural and other rulings Parties: Andrew Ronald Pritchard (Cross-Claimant) Gregory Robert Fryer (First Cross-Defendant) Phillip Gregory Sharrock (Second Cross-Defendant) Representation: Counsel: V Shepherd (Second Cross-Defendant)

Solicitors: Carter Newell Lawyers (Second Cross-Defendant)

In person: Cross-Claimant First Cross-Defendant File Number(s): 2018/282469 Publication restriction: Nil

Judgment – EX TEMPORE Revised and reissued 27 March 2020 1. This judgment deals with six interlocutory applications in proceedings pending in the Court. The original claim in the proceedings was brought by the plaintiff, Gregory Robert Fryer, against the defendant, Andrew Ronald Pritchard. Mr Pritchard then cross‑claimed against Mr Fryer as first cross-defendant and a new party, Phillip Gregory Sharrock, as second cross-defendant. Later, Mr Fryer discontinued his claim, leaving the substantive proceedings to continue on Mr Pritchard's cross‑claim. 2. Mr Pritchard filed his statement of cross‑claim at the beginning of March last year. Mr Fryer and Mr Sharrock have not filed their defences yet. Proceedings on the cross‑claim have been bogged down in interlocutory applications.