Hamod v State of New South Wales [2001] FCA 495

Hamod v State of New South Wales [2001] FCA 495

The Court allowed a further fourteen days for Applicants to comply with prior orders to replead against existing Respondents, declining to entertain the addition of new respondents until a viable pleading is presented as required by previous orders and the Rules of Court.

Jurisdiction
Australia
Judgment Date
26 April 2001
Procedural Posture
Civil / Interlocutory Application (extension of Time and Leave to Add Parties)
Outcome
Extension of time granted for fourteen days to replead; request to add further respondents declined at this stage.
Legal Topics
['extension of Time' 'repleading' 'adding Parties' 'strike Out Applications']

Case Brief

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Procedural Posture

Civil / Interlocutory Application (extension of Time and Leave to Add Parties)

  1. 1 ['Should the Court grant an extension of time for repleading?' 'Should leave be granted to add further respondents prior to repleading against existing respondents?']

Ratio Decidendi

The Court allowed a further fourteen days for Applicants to comply with prior orders to replead against existing Respondents, declining to entertain the addition of new respondents until a viable pleading is presented as required by previous orders and the Rules of Court.

Court Disposition

Extension of time granted for fourteen days to replead; request to add further respondents declined at this stage.

Orders

  • ['All Motions before the Court be stood over to 18 May 2001.' 'The time to replead a Further Amended Statement of Claim and Amended Application be extended for fourteen days to 11 May 2001.' 'Costs be reserved.']