FEV Mono Constructions Pty Ltd v Beattie [2021] NSWCA 18 (23 February 2021) (Meagher JA at [1]; Gleeson JA at [31]; Emmett AJA at [32])


Catchwords:


CIVIL PROCEDURE – parties – removal of parties – where no cause of action pleaded or articulated in argument on behalf of second to fourth plaintiffs – whether to remove as parties under Uniform Civil Procedure Rules, r 6.29

CIVIL PROCEDURE – pleadings – striking out – where most pleaded particulars of negligence covered by advocate’s immunity – where some pleaded claims possibly maintainable – whether to address advocate’s immunity on pleadings – whether to strike out entire statement of claim with leave to replead