FEV Mono Constructions Pty Ltd v Beattie

[2021] NSWCA 18

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Parties
3. › Removal of parties
4. › Where no cause of action pleaded or articulated on behalf of joined plaintiffs
5. › Whether to remove as parties
6. › Uniform Civil Procedure Rules 2005 (NSW), r 6.29
1. Practice and Procedure
2. › Pleadings
3. › Striking out
4. › Professional negligence claim against solicitors
5. › Advocate's immunity from suit
6. › Whether to strike out entire statement of claim with leave to replead
7. › Whether appropriate to address advocate's immunity on the pleadings
8. › Uniform Civil Procedure Rules 2005 (NSW), r 14.28
1. Practice and Procedure
2. › Appeal
3. › Leave to appeal
4. › Interlocutory orders
5. › Whether question of principle or issue of public importance raised
6. › Whether grounds of appeal identify error

Quick Take

When most pleaded allegations of negligence against solicitors are subject to advocate's immunity, the court may strike out the entire statement of claim with leave to replead rather than selectively striking out individual paragraphs.