Bechini v IUS Pty Ltd (in liquidation) [2016] NSWSC 696

Bechini v IUS Pty Ltd (in liquidation) [2016] NSWSC 696

Leave granted for further amendment of statement of claim; notice of motion dismissed; plaintiffs to pay costs associated with the filing and service of amended pleadings and costs of the motion to second and third defendants on the ordinary basis at the conclusion of proceedings. Stand matter over for further directions.

Jurisdiction
Australia
Judgment Date
01 June 2016
Procedural Posture
Civil / Interlocutory Ruling on Notice of Motion and Pleading Amendment
Outcome
Leave granted to amend; motion dismissed; costs orders made; further directions pending.
Legal Topics
['pleading Amendment' 'strike Out Application' 'costs']
['civil Procedure'] ['pleading Amendment' 'strike Out Application' 'costs']

Case Brief

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Procedural Posture

Civil / Interlocutory Ruling on Notice of Motion and Pleading Amendment

Legal Issues

  1. 1 ['Whether to grant leave to file and serve a further amended statement of claim' "Whether to dismiss the third defendant's notice of motion seeking dismissal or strike out" 'Appropriate costs orders for pleading amendments and notice of motion']

Ratio Decidendi

Leave granted for further amendment of statement of claim; notice of motion dismissed; plaintiffs to pay costs associated with the filing and service of amended pleadings and costs of the motion to second and third defendants on the ordinary basis at the conclusion of proceedings. Stand matter over for further directions.

Court Disposition

Leave granted to amend; motion dismissed; costs orders made; further directions pending.

Orders

  • ['Grant leave to the plaintiffs to file and serve a further amended statement of claim in the form served by the plaintiff on 13 May 2016.' 'Reserve to the trial judge, pursuant to s 65(3) Civil Procedure Act 2005 (NSW), the question of the date on which the amendments made in the further amended statement of claim...