Grivas v Harrison [2010] NSWSC 208

Grivas v Harrison [2010] NSWSC 208

Leave to amend is granted for claims relating to improper pressure and misleading information about costs, but claim for exemplary and punitive damages is disallowed in light of precedent. Discontinuance against two barristers is permitted. Amendments are allowed only to the extent they conform with the judgment; the Plaintiff must pay thrown-away costs.

Jurisdiction
Australia
Judgment Date
18 March 2010
Procedural Posture
Civil / Application for Leave to Amend the Statement of Claim
Outcome
Leave to amend granted in part; claim for exemplary and punitive damages disallowed; discontinuance permitted against two barristers.
Legal Topics
['amendment of Pleadings' 'negligence' 'claims for Exemplary and Punitive Damages' 'disclosure of Legal Costs' 'improper Pressure to Settle' 'discontinuance of Claim']
['civil Procedure'] ['amendment of Pleadings' 'negligence' 'claims for Exemplary and Punitive Damages' 'disclosure of Legal Costs' 'improper Pressure to Settle' 'discontinuance of Claim']

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Procedural Posture

Civil / Application for Leave to Amend the Statement of Claim

Legal Issues

  1. 1 ['Whether leave should be granted to amend the Statement of Claim to include new claims against former solicitors' 'Whether claim for exemplary and punitive damages should be permitted' 'Whether discontinuance against two barristers should be allowed']

Ratio Decidendi

Leave to amend is granted for claims relating to improper pressure and misleading information about costs, but claim for exemplary and punitive damages is disallowed in light of precedent. Discontinuance against two barristers is permitted. Amendments are allowed only to the extent they conform with the judgment; the Plaintiff must pay thrown-away costs.

Court Disposition

Leave to amend granted in part; claim for exemplary and punitive damages disallowed; discontinuance permitted against two barristers.

Orders

  • ['Leave to Plaintiff to amend the Statement of Claim in accordance with the judgment.' 'Any amended Statement of Claim to be served by 5pm on 9 April 2010.' 'Plaintiff to pay costs thrown away by reason of amendments to the Statement of Claim, including costs of the Notice of Motion.' 'Matter stood over for Mention...