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Pentridge Village P/L (in liq) v CFMMEU [2020] VSC 47
PRACTICE AND PROCEDURE
Supreme Court of Victoria
Division:
Common Law Division
Judge(s):
Ierodiaconou AsJ
Parties:
Pentridge Village P/L (in liquidation) ACN 087 151 068; West Homes Australia P/L (receivers and managers appointed) (ACN 004 964 185) and Chiavaroli, Leigh v Construction, Forestry, Maritime, Mining and Energy Union; Oliver, Bill; Setka, John; Dadic, Ivan; Hardy, Ken; Sucic, Anton; Benstead, Gerald; Reardon, Shaun and Amenta, Mario
Judgment Date:
18 February 2020
Catchwords:
PRACTICE AND PROCEDURE - Pleadings - Principles on striking out pleadings - Supreme Court (General Civil Procedure) Rules 2015 r 23.03 - Wheelahan v City of Casey (No 12) [2013] VSC 316 - Hoh v Frosthollow Pty Ltd [2014] VSC 77 - Vo Nguyen [2013] VSC 304 - Whether there is a causal nexus between the alleged conduct and the loss articulated - John Holland Constructions & Engineering Pty Ltd v Kvaerner EJ Brown Pty Ltd (1996) 8 VR 681 - Whether particulars are inconsistent with orders made for their filing - Abuse of process - Rozenbilt v Vainer (2018) 262 CLR 478 - Whether there was a proper basis for the loss and damage claimed - Proper basis certification - Civil Procedure Act 2010 ss 7, 18, 42 - Pleadings struck out.
Citation: