Rudenko v Rudenko & Sons Pty Ltd [2019] NSWSC 532

Rudenko v Rudenko & Sons Pty Ltd [2019] NSWSC 532

Leave to amend should be granted in terms of the PFASOC except for paras 7(a) and 388, which are vague and uncertain and should be excluded. The remainder of the amendments are sufficiently particularised and enable determination of the real issues between the parties without causing irremediable prejudice to the defendants. The plaintiff is to pay the defendants' costs thrown away as a consequence of the amendments and of the hearing of the application.

Parties
Plaintiff / Applicant on Motion: Genady Rudenko; First Defendant / First Respondent: Rudenko & Sons Pty Ltd; Second Defendant / Second Respondent: Wolodymyr Rudenko
Jurisdiction
Australia
Judgment Date
10 May 2019
Procedural Posture
Application for Leave to Amend Statement of Claim / Interlocutory Application / Directions
Outcome
Leave granted to amend statement of claim except for paras 7(a) and 388; directions given for submissions and consent orders; costs thrown away and of hearing to defendants.
Legal Topics
Pleadings, Amendment of Statement of Claim, Directions, Further Amendments, Costs
Practice and Procedure Pleadings Amendment of Statement of Claim Directions Further Amendments Costs

Case Brief

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Parties

Genady Rudenko

Plaintiff / Applicant on Motion

Rudenko & Sons Pty Ltd

First Defendant / First Respondent

Wolodymyr Rudenko

Second Defendant / Second Respondent

Procedural Posture

Application for Leave to Amend Statement of Claim / Interlocutory Application / Directions

Legal Issues

  1. 1 Whether leave should be granted to the plaintiff to further amend the amended statement of claim as per Civil Procedure Act 2005 (NSW) s 64; Whether certain paragraphs of the proposed further amended statement of claim (PFASOC), specifically paras 7(a), 373, 375, 388, and 393, are sufficiently pleaded and particularised; Whether the proposed amendments cause prejudice, are futile, or are embarrassing

Ratio Decidendi

Leave to amend should be granted in terms of the PFASOC except for paras 7(a) and 388, which are vague and uncertain and should be excluded. The remainder of the amendments are sufficiently particularised and enable determination of the real issues between the parties without causing irremediable prejudice to the defendants. The plaintiff is to pay the defendants' costs thrown away as a consequence of the amendments and of the hearing of the application.

Court Disposition

Leave granted to amend statement of claim except for paras 7(a) and 388; directions given for submissions and consent orders; costs thrown away and of hearing to defendants.

Orders

  • The parties shall file and serve any submissions, if required, as to the disposition of the issue of leave having regard to the terms of this judgment within 7 days of the publication of this judgment.
  • In the event the parties agree upon the appropriate orders, the plaintiff shall file consent orders within 7 days of the publication of this judgment.