PAO v Trustees of the Roman Catholic Church for the Archdiocese of Sydney and Ors; BJH v Trustees of the Roman Catholic Church for the Archdiocese of Sydney and Ors; SBM v Trustees of the Roman Catholic Church for the Archdiocese of Sydney and Ors; IDF v Trustees of the Roman Catholic Church for the Archdiocese of Sydney and Ors; PMA v Trustees of the Roman Catholic Church for the Archdiocese of Sydney and Ors [2011] NSWSC 1216 — Appeal & Practice And Procedure — Barrister AI
PAO v Trustees of the Roman Catholic Church for the Archdiocese of Sydney and Ors; BJH v Trustees of the Roman Catholic Church for the Archdiocese of Sydney and Ors; SBM v Trustees of the Roman Catholic Church for the Archdiocese of Sydney and Ors; IDF v Trustees of the Roman Catholic Church for the Archdiocese of Sydney and Ors; PMA v Trustees of the Roman Catholic Church for the Archdiocese of Sydney and Ors
APPEAL - nature of appeal from Associate Justice to a single Judge - not a retrial - discretion exercised on wrong basis
PRACTICE AND PROCEDURE - applications by a defendant to strike out parts of statement of claim pursuant to UCPR 13.4(1) and 14.28(1) - whether Plaintiffs had arguable claim against Defendant - no evidence to establish Plaintiffs' case against Defendant - such evidence unlikely to be available in the future - whether principle in Wickstead and Ors v Browne (1992) 30 NSWLR 1 applicable
Case Details
Citation[2011] NSWSC 1216
CourtNSWSC
JurisdictionNew South Wales
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