Jones v Premier Automotive Group Australia Pty Ltd [2008] NSWDC 262

Jones v Premier Automotive Group Australia Pty Ltd [2008] NSWDC 262

The omission of Premier Automotive Group Australia Pty Ltd from the Statement of Claim did not effect a discontinuance because no notice of discontinuance was filed in compliance with rule 12.1 of the Uniform Civil Procedure Rules 2005. Leave to amend and, if necessary, joinder were warranted because there was no prejudice beyond costs and the amendment would facilitate the quick, just and cheap determination of all matters in dispute. The strike out motion was refused because, given the proceedings began in the CTTT and were transferred before expert liability evidence was obtained, the Plaintiff should be allowed further latitude to obtain expert evidence and refine particulars. Since...

Jurisdiction
Australia
Judgment Date
13 August 2008
Procedural Posture
Civil Proceedings Concerning Interlocutory Applications After Transfer From the Consumer, Trader and Tenancy Tribunal to the District Court of NSW / Determination of Three Notices of Motion
Outcome
The Plaintiff was granted leave to file an Amended Statement of Claim; the First Defendant's costs motion and the Second Defendant's strike out motion were dismissed; each party was ordered to bear its own costs of each motion.
Legal Topics
['discontinuance of Proceedings' 'joinder of Party' 'amendment of Statement of Claim' 'strike Out Application' 'incomplete Particulars' 'costs After Transfer From Consumer, Trader and Tenancy Tribunal']
['practice and Procedure' 'costs' 'consumer Law'] ['discontinuance of Proceedings' 'joinder of Party' 'amendment of Statement of Claim' 'strike Out Application' 'incomplete Particulars' 'costs After Transfer From Consumer, Trader and Tenancy Tribunal']

Case Brief

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Procedural Posture

Civil Proceedings Concerning Interlocutory Applications After Transfer From the Consumer, Trader and Tenancy Tribunal to the District Court of NSW / Determination of Three Notices of Motion

Legal Issues

  1. 1 ['Whether the Plaintiff should be granted leave to file an Amended Statement of Claim adding an alternative prayer for relief and pleading a claim against Premier Automotive Group Australia Pty Ltd.' 'Whether omission of Premier Automotive Group Australia Pty Ltd from the Statement of Claim filed after transfer constituted a discontinuance against that party notwithstanding non-compliance with rule 12.1 of the Uniform Civil Procedure Rules 2005.' "Whether the Plaintiff's Statement of Claim or Amended Statement of Claim should be struck out because of inadequate particulars." "What costs consequences followed from the Plaintiff's purported discontinuance against Premier Automotive Group Australia Pty Ltd."]

Ratio Decidendi

The omission of Premier Automotive Group Australia Pty Ltd from the Statement of Claim did not effect a discontinuance because no notice of discontinuance was filed in compliance with rule 12.1 of the Uniform Civil Procedure Rules 2005. Leave to amend and, if necessary, joinder were warranted because there was no prejudice beyond costs and the amendment would facilitate the quick, just and cheap determination of all matters in dispute. The strike out motion was refused because, given the proceedings began in the CTTT and were transferred before expert liability evidence was obtained, the Plaintiff should be allowed further latitude to obtain expert evidence and refine particulars. Since...

Court Disposition

The Plaintiff was granted leave to file an Amended Statement of Claim; the First Defendant's costs motion and the Second Defendant's strike out motion were dismissed; each party was ordered to bear its own costs of each motion.

Orders

  • ['The Plaintiff is granted leave to file an Amended Statement of Claim.' "The First Defendant's Notice of Motion filed on 27 June 2008 is dismissed." "The Second Defendant's Notice of Motion filed on 4 August 2008 is dismissed." 'The parties are to bear their own costs in respect of each motion.' 'The Plaintiff is...