Three Corner Group Pty Ltd v Mariacarmina La Rocca

In the case of Three Corner Group Pty Ltd v Mariacarmina La Rocca, the plaintiff sought to strike out the defendant's defence on the basis that it did not disclose a reasonable cause of action or defence. The matter was heard in the Supreme Court of New South Wales. The defendant, Mariacarmina La Rocca, was accused of breaching a contract and the plaintiff, Three Corner Group Pty Ltd, sought to have the defendant's defence dismissed as having no reasonable prospects of success.

The court was required to determine whether the defendant's defence was legally tenable and whether there was a real prospect that it could succeed at trial. The defendant argued that the contract was not binding as it was entered into under duress. The court needed to assess whether this defence was plausible and warranted a trial. The plaintiff contended that the defence was frivolous and vexatious, and should be struck out as having no reasonable cause of action or defence.

The court found that the defendant's defence of duress was not implausible and had a real prospect of success. The court held that the defence was not so lacking in substance as to warrant striking out. The judge emphasised the importance of allowing parties to present their cases and the potential consequences of striking out a defence without a full hearing. The court concluded that there was a real prospect that the defendant's duress defence could succeed and that it was not appropriate to strike out the defence at this stage. The plaintiff's application to strike out the defence was dismissed.