Streicholz Fabrik Pty Ltd v Taylor

ORDERS

229. As a result, the following orders are appropriate:

(a) The defendants’ application in paragraph 1 of their amended summons for judgment, pursuant to r 23.01 of the Rules, is refused.

(b) The defendants’ application in paragraphs 2 and 10 of their amended summons for summary judgment, pursuant to s 63 of the Civil Procedure Act, is refused.

(c) The defendants’ application in paragraph 3 of their amended summons to strike out, pursuant to r 23.02 of the Rules, the plaintiffs’ claim of abandonment of the Heads of Agreement (paragraphs 11, 12 and 13 and paragraphs AA and B of the prayer for relief (insofar as paragraph B refers to paragraph AA) is granted and those parts of the amended statement of claim are struck out with a right to replead.

230. I will hear from the parties on the precise form of orders, including costs.

231. The parties are requested to confer and provide a draft form of order, or in the absence of agreement, forms of order and submissions (limited to 3 pages), to chambers by 4:00pm on 26 May 2023.