Wakim v Tadros [2012] NSWSC 700

Wakim v Tadros [2012] NSWSC 700

Leave to amend was refused because the proposed pleading was embarrassing, duplicative and failed to inform the defendant with clarity and precision of the case against him, making it impossible to answer the claim. The plaintiff is granted liberty to reformulate the proposed amendments.

Source-derived case information.

Parties
Plaintiff: Elias George Wakim; First Defendant: Anthony Tadros; Second Defendant: J&R Investment Services Pty Ltd; Third Defendant: Joseph Wakim; Fourth Defendant: Rita Wakim; Fifth Defendant: Ben Anthony Kannan; Sixth Defendant: Marie Kannan; Seventh Defendant: Sayed El Hawache; Eighth Defendant: James Jospeh Lahood; Ninth Defendant: Moussa Wakim; Tenth Defendant: CBD Tax Pty Ltd
Jurisdiction
Australia
Judgment Date
08 June 2012
Procedural Posture
Civil / Application for Leave to Amend Statement of Claim
Outcome
Leave to amend refused. Liberty to reformulate. Plaintiff to pay costs.
Legal Topics
Leave to Amend Pleadings, Limitation Periods, Assignment of Cause of Action, Pleading Standards, Civil Procedure
Procedure Limitation of Actions Leave to Amend Pleadings Limitation Periods Assignment of Cause of Action Pleading Standards Civil Procedure

Source-derived case record

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 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Elias George Wakim

Plaintiff

Anthony Tadros

First Defendant

J&R Investment Services Pty Ltd

Second Defendant

Joseph Wakim

Third Defendant

Rita Wakim

Fourth Defendant

Ben Anthony Kannan

Fifth Defendant

Marie Kannan

Sixth Defendant

Sayed El Hawache

Seventh Defendant

James Jospeh Lahood

Eighth Defendant

Moussa Wakim

Ninth Defendant

CBD Tax Pty Ltd

Tenth Defendant

Procedural Posture

Civil / Application for Leave to Amend Statement of Claim

Legal Issues

  1. 1 Whether leave should be granted to amend the statement of claim to join Mr Moussa Wakim
  2. 2 Whether the proposed claim is statute barred
  3. 3 Whether pleading is sufficiently clear and particularised

Ratio Decidendi

Leave to amend was refused because the proposed pleading was embarrassing, duplicative and failed to inform the defendant with clarity and precision of the case against him, making it impossible to answer the claim. The plaintiff is granted liberty to reformulate the proposed amendments.

Court Disposition

Leave to amend refused. Liberty to reformulate. Plaintiff to pay costs.

Orders

  • Any proposed further amended statement of claim seeking to join Mr Moussa Wakim be served by 22 June 2012.
  • Leave granted to amend the notice of motion in respect of any document so served.