Valorum Law Group Pty Ltd v Johnson

In the matter of Valorum Law Group Pty Ltd versus Johnson, the plaintiff sought to have the defendant’s defence and a Notice to Produce struck out in the Local Division of the Supreme Court of New South Wales. The plaintiff contended that the defendant's defence was frivolous, vexatious, or an abuse of the court process, and that the Notice to Produce was improperly served and not relevant to the proceedings. The defendant argued that the defence was valid and the Notice to Produce was necessary for the discovery of relevant documents.

The court had to determine whether the defendant's defence met the criteria for being struck out under rule 14.28 of the Uniform Civil Procedure Rules 2005 (NSW). It also had to consider whether the Notice to Produce was properly served and relevant to the proceedings. The court had to assess the substance of the defence and the Notice to Produce to determine whether they were frivolous, vexatious, or an abuse of the court process, or if they had any real prospect of success.

The court found that the defendant’s defence was frivolous and vexatious, and thus struck it out. The court also found that the Notice to Produce was not properly served and was irrelevant to the proceedings, leading to its striking out as well. The court concluded that the defendant had acted improperly and ordered that the defendant pay the plaintiff's costs of the Notice of Motion.

Accordingly, the court ordered that the defendant's defence to the Further Amended Statement of Claim be struck out, the defendant's Notice to Produce be struck out, and that the defendant pay the plaintiff's costs of the Notice of Motion.