Combined Projects (Kogarah) Pty Ltd v Sayour [2017] NSWSC 1207

Combined Projects (Kogarah) Pty Ltd v Sayour [2017] NSWSC 1207

Leave to file and serve the further amended statement of claim was granted because the amendment was necessary to deal with the relevant issues, particularly the identity of the person or entity that provided the $1.8 million to the Defendant. However, the proposed addition of a second plaintiff and alternative cases added complexity, came after unexplained delays, and left only five clear working days before trial, so orderly preparation required vacation of the hearing date. Because both sides contributed to the failure to clarify and narrow the issues, each party was ordered to bear its own costs of the notice of motion, while CPK was ordered to pay the costs associated with the...

Jurisdiction
Australia
Judgment Date
08 September 2017
Procedural Posture
Procedural and Other Rulings / Plaintiff's Notice of Motion for Leave to File and Serve a Proposed Further Amended Statement of Claim After the Hearing Date Had Been Fixed
Outcome
Leave granted to file and serve a Further Amended Statement of Claim excluding paragraphs 4A and 12; hearing date vacated; costs orders made.
Legal Topics
['amendment of Pleadings' 'addition of Plaintiff' 'additional Causes of Action' 'delay' 'case Management' 'vacation of Hearing Date' 'costs']
['civil Procedure'] ['amendment of Pleadings' 'addition of Plaintiff' 'additional Causes of Action' 'delay' 'case Management' 'vacation of Hearing Date' 'costs']

Case Brief

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Procedural Posture

Procedural and Other Rulings / Plaintiff's Notice of Motion for Leave to File and Serve a Proposed Further Amended Statement of Claim After the Hearing Date Had Been Fixed

Legal Issues

  1. 1 ['Whether the Plaintiff should be granted leave to file and serve the proposed further amended statement of claim adding a further plaintiff and alternative causes of action.' 'Whether the proposed amendments required vacation of the hearing date.' 'What costs orders should be made in relation to the notice of motion and the vacation of the hearing date.']

Ratio Decidendi

Leave to file and serve the further amended statement of claim was granted because the amendment was necessary to deal with the relevant issues, particularly the identity of the person or entity that provided the $1.8 million to the Defendant. However, the proposed addition of a second plaintiff and alternative cases added complexity, came after unexplained delays, and left only five clear working days before trial, so orderly preparation required vacation of the hearing date. Because both sides contributed to the failure to clarify and narrow the issues, each party was ordered to bear its own costs of the notice of motion, while CPK was ordered to pay the costs associated with the...

Court Disposition

Leave granted to file and serve a Further Amended Statement of Claim excluding paragraphs 4A and 12; hearing date vacated; costs orders made.

Orders

  • ['Leave granted to the Plaintiff to file and serve a Further Amended Statement of Claim in the form appended to the affidavit of Samuel Delaney sworn 31 August 2017 excluding paragraphs 4A and 12 on or before 14 September 2017.' 'Any request for particulars of the Further Amended Statement of Claim is to be made on...