STM123 No. 28 Pty Ltd v Eastern Suburbs Commercial Pty Ltd

In the case of STM123 No. 28 Pty Ltd v Eastern Suburbs Commercial Pty Ltd, the Federal Court was tasked with determining whether the defendant's motion to strike out the plaintiff's statement of claim should be dismissed. The plaintiff's statement of claim was extensive, comprising 39 pages and 111 paragraphs, and included multiple causes of action at common law and by statute, as well as claims for equitable relief. The defendant argued that the statement of claim was unnecessarily prolix and confusing due to its length and multiple cross-references, and that the prayers for relief did not flow from the cause of action. The defendant further contended that the lack of correspondence to the plaintiff asserting the matters complained of before filing the motion undermined the criticisms.

The court considered the requirements for striking out a pleading under the relevant civil procedure rules, focusing on whether the statement of claim was so prolix and confusing as to cause prejudice, embarrassment, or delay, or if it failed to disclose a cause of action. The court found that the criticisms of the plaintiff's statement of claim were unfounded. The length and complexity of the statement of claim did not in itself render it improperly drafted. The infelicities in the prayers for relief were not sufficient grounds for striking out the statement of claim. The court determined that the statement of claim was clear enough to enable a defence to be pleaded and that the notice of motion did not provide a valid basis for the plaintiff's statement of claim to be struck out.

Accordingly, the court dismissed the defendant's motion to strike out the plaintiff's statement of claim. The court held that the criticisms levelled by the defendant were without foundation and that the statement of claim sufficiently disclosed the causes of action and the relief sought. The court did not find any defect in the pleading that would warrant the drastic measure of striking out the entire statement of claim.