Ken Tugrul v Tarrants Financial Consultants Pty Limited (In liquidation) ACN 086 674 179 [No 1] [2013] NSWSC 1561

Ken Tugrul v Tarrants Financial Consultants Pty Limited (In liquidation) ACN 086 674 179 [No 1] [2013] NSWSC 1561

Leave to amend is granted as amendments are necessary to determine real questions in the proceedings and facilitate case management, but with conditions requiring further particularisation and precision as identified by the Court. Plaintiffs to pay defendants' costs of application and costs thrown away by amendments, but costs will not be ordered to be assessed and payable forthwith as such an order would be contrary to the overriding purpose of just, quick and cheap resolution.

Jurisdiction
Australia
Judgment Date
15 October 2013
Procedural Posture
Interlocutory Application / Application for Leave to Amend Statement of Claim; Costs Orders
Outcome
Leave to amend granted; costs orders made.
Legal Topics
['amendment of Pleadings' 'costs' 'case Management']
['practice and Procedure' 'civil Procedure'] ['amendment of Pleadings' 'costs' 'case Management']

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Procedural Posture

Interlocutory Application / Application for Leave to Amend Statement of Claim; Costs Orders

Legal Issues

  1. 1 ['Should leave be granted to plaintiffs to amend their statement of claim?' 'How should costs resulting from amendments and the application be treated?' 'Should costs be ordered to be assessed and paid forthwith?']

Ratio Decidendi

Leave to amend is granted as amendments are necessary to determine real questions in the proceedings and facilitate case management, but with conditions requiring further particularisation and precision as identified by the Court. Plaintiffs to pay defendants' costs of application and costs thrown away by amendments, but costs will not be ordered to be assessed and payable forthwith as such an order would be contrary to the overriding purpose of just, quick and cheap resolution.

Court Disposition

Leave to amend granted; costs orders made.

Orders

  • ['Leave granted to plaintiffs to bring in amended notice of motion attaching further draft statement of claim with required particulars and precision by a date to be fixed.' "Plaintiffs to pay second to fourth defendants' costs of the notice of motion for leave to amend." "Plaintiffs to pay second to fourth...