Glen Miller QC v AR Conolly & Co Solicitors & 2 Ors [2007] NSWSC 483

Glen Miller QC v AR Conolly & Co Solicitors & 2 Ors [2007] NSWSC 483

Leave is granted to plaintiff to file an amended statement of claim as it refines the issues without discontinuance; separation of liability and quantum is inappropriate due to overlapping evidence, with all issues to proceed together; plaintiff to pay defendants' costs thrown away by amendment.

Jurisdiction
Australia
Judgment Date
16 May 2007
Procedural Posture
Civil / Interlocutory (application to Amend Statement of Claim and Procedural Orders)
Outcome
Leave granted to amend statement of claim; application for separate determination denied; motion otherwise dismissed; costs reserved except costs thrown away to be paid by plaintiff to defendants.
Legal Topics
['amendment of Statement of Claim' 'separate Determination of Issues' 'costs Assessment' 'retainer Agreements']
['civil Procedure' 'legal Profession'] ['amendment of Statement of Claim' 'separate Determination of Issues' 'costs Assessment' 'retainer Agreements']

Case Brief

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Procedural Posture

Civil / Interlocutory (application to Amend Statement of Claim and Procedural Orders)

Legal Issues

  1. 1 ['Whether leave should be granted to file an amended statement of claim' 'Whether separate determination of issues should be ordered' 'Whether the plaintiff was retained directly by defendants or as agent for principal' "Whether defendants are liable for plaintiff's fees" 'Whether procedural discontinuance occurs by amendment']

Ratio Decidendi

Leave is granted to plaintiff to file an amended statement of claim as it refines the issues without discontinuance; separation of liability and quantum is inappropriate due to overlapping evidence, with all issues to proceed together; plaintiff to pay defendants' costs thrown away by amendment.

Court Disposition

Leave granted to amend statement of claim; application for separate determination denied; motion otherwise dismissed; costs reserved except costs thrown away to be paid by plaintiff to defendants.

Orders

  • ['Leave is granted to the plaintiff to file and serve an amended statement of claim within seven days.' 'This matter is to be heard together with proceedings 14621/2006.' 'The balance of the notice of motion filed 16 November 2006 is dismissed.' "Costs of the motion are reserved except the plaintiff is to pay the...