Scope Data Systems Pty Ltd v Agostini Jarrett Pty Ltd [2005] NSWSC 691

Scope Data Systems Pty Ltd v Agostini Jarrett Pty Ltd [2005] NSWSC 691

Scope Data is granted leave to amend its summons and required to provide further particulars and points of claim regarding disputed paragraphs, but the costs assessor will not be restrained as he is not a party. However, Agostini Jarrett is restrained from filing any costs certificate until this dispute is determined. Scope Data must pay the costs of the Motion due to inadequacy of particulars and limited success on the stay application.

Parties
Plaintiff: Scope Data Systems Pty Ltd; Defendant: Agostini Jarrett Pty Ltd
Jurisdiction
Australia
Judgment Date
19 July 2005
Procedural Posture
Notice of Motion in Proceedings Commenced by Summons / Interlocutory Decision on Leave to Amend Summons, Particulars, and Interim Orders
Outcome
Interim orders made granting leave to amend summons, requiring provision of particulars and points of claim, restraining defendant from filing costs certificates pending resolution, and awarding costs of the Motion to the defendant.
Legal Topics
Costs Assessment, Estoppel, Fiduciary Duties of Solicitors, Leave to Amend Pleadings
Corporations Law Civil Procedure Legal Profession Costs Assessment Estoppel Fiduciary Duties of Solicitors Leave to Amend Pleadings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Scope Data Systems Pty Ltd

Plaintiff

Agostini Jarrett Pty Ltd

Defendant

Procedural Posture

Notice of Motion in Proceedings Commenced by Summons / Interlocutory Decision on Leave to Amend Summons, Particulars, and Interim Orders

Legal Issues

  1. 1 Whether the plaintiff should be granted leave to file an Amended Summons,
  2. 2 Whether cost assessment proceedings should be stayed pending the outcome of these proceedings,
  3. 3 Whether particulars and points of claim should be provided for certain paragraphs in the Amended Summons,

Ratio Decidendi

Scope Data is granted leave to amend its summons and required to provide further particulars and points of claim regarding disputed paragraphs, but the costs assessor will not be restrained as he is not a party. However, Agostini Jarrett is restrained from filing any costs certificate until this dispute is determined. Scope Data must pay the costs of the Motion due to inadequacy of particulars and limited success on the stay application.

Court Disposition

Interim orders made granting leave to amend summons, requiring provision of particulars and points of claim, restraining defendant from filing costs certificates pending resolution, and awarding costs of the Motion to the defendant.

Orders

  • Leave granted to Scope Data to file and serve an Amended Summons in the form annexed within 14 days.
  • Scope Data must, within 21 days, furnish particulars of the causes of action underlying paragraphs 7 and 8 of the Amended Summons.