Leung v Chen [2022] NSWDC 35

Leung v Chen [2022] NSWDC 35

Leave was granted to the Plaintiff to file an Amended Statement of Claim and the hearing date vacated because the application was occasioned by the former solicitor's lack of diligence, not the Plaintiff, and the court's overriding purpose of just resolution of real issues required the amendment; costs occasioned by the amendment and vacation were ordered to be paid by the Plaintiff, with the former solicitor to show cause why he ought not pay those costs.

Parties
Plaintiff: Francis Leung; Defendant: Annie Chen
Jurisdiction
Australia
Judgment Date
25 February 2022
Procedural Posture
Civil / Procedural Ruling on Amendment of Pleadings and Vacation of Hearing Date
Outcome
Leave granted to Plaintiff to file Amended Statement of Claim; hearing vacated; costs orders made against Plaintiff with show cause order against former solicitor; new hearing date set.
Legal Topics
Amendment of Pleadings, Vacation of Hearing Dates, Costs Orders Against Solicitors, Case Management
Civil Procedure Amendment of Pleadings Vacation of Hearing Dates Costs Orders Against Solicitors Case Management

Case Brief

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Parties

Francis Leung

Plaintiff

Annie Chen

Defendant

Procedural Posture

Civil / Procedural Ruling on Amendment of Pleadings and Vacation of Hearing Date

Legal Issues

  1. 1 Whether leave should be granted to the Plaintiff to file an Amended Statement of Claim
  2. 2 Whether the hearing date should be vacated
  3. 3 Who should bear the costs occasioned by the amendment and vacation of the hearing date

Ratio Decidendi

Leave was granted to the Plaintiff to file an Amended Statement of Claim and the hearing date vacated because the application was occasioned by the former solicitor's lack of diligence, not the Plaintiff, and the court's overriding purpose of just resolution of real issues required the amendment; costs occasioned by the amendment and vacation were ordered to be paid by the Plaintiff, with the former solicitor to show cause why he ought not pay those costs.

Court Disposition

Leave granted to Plaintiff to file Amended Statement of Claim; hearing vacated; costs orders made against Plaintiff with show cause order against former solicitor; new hearing date set.

Orders

  • Leave granted to the Defendant to file an Amended Statement of Claim
  • Amended Statement of Claim to be filed and served by 4pm 18 February 2022