Li v Kingland Estate Pty Ltd [2023] NSWSC 1174

Li v Kingland Estate Pty Ltd [2023] NSWSC 1174

Leave was granted to amend the cross-claim to allow clearer pleading and to enable any further objection if clarity issues remain. Leave to file a notice of motion to join the fourth cross-claimant was also granted, but subject to legal restrictions under s 22 of the Civil Procedure Act 2005 (NSW) regarding joinder of non-party cross-claimants. The defendants were ordered to pay the plaintiff's costs owing to deficiencies and delay in the pleading.

Parties
Plaintiff: Changjin Li; First Defendant: Kingland Estate Pty Ltd; Second Defendant: Antonio Caminiti; Third Defendant: Xi Chen
Jurisdiction
Australia
Judgment Date
28 September 2023
Procedural Posture
Civil / Motion for Leave to Amend Cross Claim and Joinder of Proposed Party
Outcome
Defendants granted leave to amend cross-claim and to file motion to join proposed fourth cross-claimant; plaintiff granted leave to relist if complaints persist; defendants to pay plaintiff's costs of the motion and amendment.
Legal Topics
Amendment to Cross Claim, Joinder of Parties
Civil Procedure Equity Amendment to Cross Claim Joinder of Parties

Case Brief

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Parties

Changjin Li

Plaintiff

Kingland Estate Pty Ltd

First Defendant

Antonio Caminiti

Second Defendant

Xi Chen

Third Defendant

Procedural Posture

Civil / Motion for Leave to Amend Cross Claim and Joinder of Proposed Party

Legal Issues

  1. 1 Whether leave should be granted to amend the cross-claim
  2. 2 Whether a non-party may be joined as a cross-claimant under s 22 of the Civil Procedure Act 2005 (NSW)
  3. 3 Whether the amended cross-claim is sufficiently clear

Ratio Decidendi

Leave was granted to amend the cross-claim to allow clearer pleading and to enable any further objection if clarity issues remain. Leave to file a notice of motion to join the fourth cross-claimant was also granted, but subject to legal restrictions under s 22 of the Civil Procedure Act 2005 (NSW) regarding joinder of non-party cross-claimants. The defendants were ordered to pay the plaintiff's costs owing to deficiencies and delay in the pleading.

Court Disposition

Defendants granted leave to amend cross-claim and to file motion to join proposed fourth cross-claimant; plaintiff granted leave to relist if complaints persist; defendants to pay plaintiff's costs of the motion and amendment.

Orders

  • The defendants have leave to file and serve an amended cross-claim within 28 days.
  • The defendants have leave to file, within 28 days, any notice of motion which they see fit to file in order to join the proposed fourth cross-claimant to the proceedings.