Zhang v Popovic & Ors [2015] NSWSC 600

Zhang v Popovic & Ors [2015] NSWSC 600

The hearing date was vacated and leave to amend was granted because the plaintiff had not identified the party potentially liable for the hydraulic ramp failure, interrogatories had been directed to that issue, and the matter was very unlikely to be ready given likely amendments to the plaintiff's case and the positions of the first to fourth and seventh defendants.

Jurisdiction
Australia
Judgment Date
19 May 2015
Procedural Posture
Civil Law Proceeding in the Common Law Jurisdiction / Interlocutory Application to Vacate Hearing Date
Outcome
Plaintiff's application to vacate the hearing date was granted; leave to file an Amended Statement of Claim was granted; the matter was relisted for directions; costs thrown away were reserved for later determination.
Legal Topics
['application to Vacate Hearing Date' 'interrogatories' 'amendment of Statement of Claim' 'costs Thrown Away' 'mediation']
['civil Law' 'civil Procedure'] ['application to Vacate Hearing Date' 'interrogatories' 'amendment of Statement of Claim' 'costs Thrown Away' 'mediation']

Case Brief

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Procedural Posture

Civil Law Proceeding in the Common Law Jurisdiction / Interlocutory Application to Vacate Hearing Date

Legal Issues

  1. 1 ['Whether the hearing date of 1 June 2015 should be vacated.' 'Whether the plaintiff should be granted leave to file an Amended Statement of Claim.' 'Whether costs thrown away should be determined at a later date.']

Ratio Decidendi

The hearing date was vacated and leave to amend was granted because the plaintiff had not identified the party potentially liable for the hydraulic ramp failure, interrogatories had been directed to that issue, and the matter was very unlikely to be ready given likely amendments to the plaintiff's case and the positions of the first to fourth and seventh defendants.

Court Disposition

Plaintiff's application to vacate the hearing date was granted; leave to file an Amended Statement of Claim was granted; the matter was relisted for directions; costs thrown away were reserved for later determination.

Orders

  • ['The hearing date of 1 June 2015 is vacated.' 'Leave is granted to file an Amended Statement of Claim.' 'The listing before the Common Law Registrar on 25 May 2015 is vacated.' 'The matter is listed before the Common Law Registrar at 9am on 9 June 2015 for directions.' 'Costs of all parties thrown away are to be...