Ui International Pty Ltd v Interworks Architects Pty Ltd

Ui International Pty Ltd brought an action against Interworks Architects Pty Ltd and others for breaches of contract and negligence, claiming loss based on the demolition and rebuilding of a development. The defendants, Interworks Architects Pty Ltd, the first and second defendants, and the third defendant, each applied to strike out certain parts of the plaintiff's amended statement of claim on the basis that they disclosed no reasonable cause of action or would prejudice a fair trial under r 171 of the Uniform Civil Procedure Rules. The court was required to determine whether specific paragraphs of the plaintiff's amended statement of claim should be struck out for failing to disclose a reasonable cause of action or for prejudicing a fair trial.

The court examined the pleadings and considered the arguments of the parties. It found that certain paragraphs of the plaintiff's amended statement of claim did not adequately plead the facts and circumstances necessary to establish a reasonable cause of action or to avoid prejudicing a fair trial. Specifically, the court noted that the plaintiff was no longer the owner of the buildings or the land, which was a critical factor in the claim for loss based on demolition and rebuilding. The court concluded that these parts of the pleading failed to meet the requirements of r 171 UCPR and ordered their striking out.

The court ordered the striking out of certain paragraphs of the plaintiff's amended statement of claim and directed the plaintiff to file and serve an amended statement of claim within twenty-eight days. The amended statement of claim must plead the facts and circumstances that establish the likelihood of all owners of lots within any relevant community title scheme agreeing to the demolition and rebuilding of the development, or alternatively, the likelihood of the District Court making orders necessary for the plaintiff to effect that demolition and rebuilding. The plaintiff was also granted leave to amend its statement of claim in relation to other specified matters, in accordance with the court's judgment.