Adamson v Liu & Ors [2009] NSWSC 663

Adamson v Liu & Ors [2009] NSWSC 663

The orders of Associate Justice Macready refusing leave to amend were set aside because the plaintiff's pleading, though in need of amendment and particularisation, disclosed arguable claims upon proper compliance with statutory requirements. Leave to further amend the Statement of Claim was granted under specified conditions, ensuring the claims were properly particularised.

Jurisdiction
Australia
Judgment Date
21 July 2009
Procedural Posture
Appeal / Judgment on Interlocutory Appeal From Orders of Associate Justice Macready
Outcome
Orders of Associate Justice Macready (in part) set aside; leave granted to further amend; costs in the proceedings.
Legal Topics
['rights of Set Off' 'leave to Amend Pleadings' 'liquidated and Unliquidated Claims' 'effect of Legal Profession Act on Recovery of Costs']
['practice and Procedure' 'civil Procedure'] ['rights of Set Off' 'leave to Amend Pleadings' 'liquidated and Unliquidated Claims' 'effect of Legal Profession Act on Recovery of Costs']

Case Brief

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Procedural Posture

Appeal / Judgment on Interlocutory Appeal From Orders of Associate Justice Macready

Legal Issues

  1. 1 ['Whether plaintiff should be granted leave to amend his statement of claim to pursue claims for unpaid legal costs and set-off against judgment debt' 'Whether the first claim is maintainable given disclosure requirements under Legal Profession Act' 'Whether the third claim regarding assignment and set-off is adequately pleaded']

Ratio Decidendi

The orders of Associate Justice Macready refusing leave to amend were set aside because the plaintiff's pleading, though in need of amendment and particularisation, disclosed arguable claims upon proper compliance with statutory requirements. Leave to further amend the Statement of Claim was granted under specified conditions, ensuring the claims were properly particularised.

Court Disposition

Orders of Associate Justice Macready (in part) set aside; leave granted to further amend; costs in the proceedings.

Orders

  • ["Order 1 of Macready AsJ's orders of 20 February 2009 set aside." "Orders 1, 2, 3, 6 and 8 of Macready AsJ's orders of 27 February 2009 set aside." 'Plaintiff granted leave to file Further Amended Statement of Claim within 21 days, with specific amendments required as set out in judgment.' 'Plaintiff to pay any...