Bushra v Anchor Immigration trading as Anchor Immigration [2025] NSWDC 39

Bushra v Anchor Immigration trading as Anchor Immigration [2025] NSWDC 39

The plaintiff’s Notice of Motion to file the proposed Amended Statement of Claim is dismissed as the pleading remains unclear, ambiguous, and insufficiently particularised, but the plaintiff is permitted a further opportunity to file a satisfactory version. Costs of the dismissed motion are ordered against the plaintiff.

Parties
Plaintiff: Anyat Bushra; First Defendant: Anchor Immigration trading as Anchor Immigration; Second Defendant: Raefat Soryal
Jurisdiction
Australia
Judgment Date
14 February 2025
Procedural Posture
Civil / Interlocutory Application – Ex Tempore Judgment on Notice of Motion Seeking Leave to File Amended Statement of Claim
Outcome
Notice of Motion dismissed; costs order made against plaintiff; directions given for further pleadings and listing.
Legal Topics
Amended Statement of Claim, Leave to File Pleading, Practice and Procedure
Civil Procedure Amended Statement of Claim Leave to File Pleading Practice and Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Anyat Bushra

Plaintiff

Anchor Immigration trading as Anchor Immigration

First Defendant

Raefat Soryal

Second Defendant

Procedural Posture

Civil / Interlocutory Application – Ex Tempore Judgment on Notice of Motion Seeking Leave to File Amended Statement of Claim

Legal Issues

  1. 1 Whether the plaintiff should be granted leave to file an Amended Statement of Claim
  2. 2 Whether the proposed amended pleading discloses the real issues in the case and sufficient clarity
  3. 3 Appropriate costs order for the dismissed Notice of Motion

Ratio Decidendi

The plaintiff’s Notice of Motion to file the proposed Amended Statement of Claim is dismissed as the pleading remains unclear, ambiguous, and insufficiently particularised, but the plaintiff is permitted a further opportunity to file a satisfactory version. Costs of the dismissed motion are ordered against the plaintiff.

Court Disposition

Notice of Motion dismissed; costs order made against plaintiff; directions given for further pleadings and listing.

Orders

  • The Notice of Motion is dismissed.
  • The plaintiff is to pay the second defendant's costs of the Notice of Motion as agreed or assessed.