Hermitage v Fargun Bewdy Pty Ltd & Ors [2023] NSWSC 275

Hermitage v Fargun Bewdy Pty Ltd & Ors [2023] NSWSC 275

Leave is granted to file a further amended statement of claim due to continued deficiencies in pleading unconscionability, particularly against the third defendant; costs of abandoned motions and amendments are payable by the plaintiff to all defendants.

Parties
Plaintiff: John Hermitage; First Defendant: Fargun Bewdy Pty Ltd; Second Defendant: Peter Politis; Third Defendant: Charles Parisi
Jurisdiction
Australia
Judgment Date
22 March 2023
Procedural Posture
Notice of Motion / Interlocutory Ruling on Amendment and Costs
Outcome
Notice of motion dismissed. Leave granted to file further amended statement of claim. Costs orders made against plaintiff.
Legal Topics
Amendment of Pleadings, Unconscionability, Costs
Civil Procedure Amendment of Pleadings Unconscionability Costs

Case Brief

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Parties

John Hermitage

Plaintiff

Fargun Bewdy Pty Ltd

First Defendant

Peter Politis

Second Defendant

Charles Parisi

Third Defendant

Procedural Posture

Notice of Motion / Interlocutory Ruling on Amendment and Costs

Legal Issues

  1. 1 Adequacy of pleading unconscionability in amended statement of claim
  2. 2 Proper particulars of allegations in pleadings
  3. 3 Costs related to abandoned pleadings and amendment

Ratio Decidendi

Leave is granted to file a further amended statement of claim due to continued deficiencies in pleading unconscionability, particularly against the third defendant; costs of abandoned motions and amendments are payable by the plaintiff to all defendants.

Court Disposition

Notice of motion dismissed. Leave granted to file further amended statement of claim. Costs orders made against plaintiff.

Orders

  • The notice of motion filed on 11 October 2022 is dismissed.
  • The plaintiff is to pay the first, second and third defendants' costs of the notice of motion.