Taing v Nguyen [2015] NSWSC 1011

Taing v Nguyen [2015] NSWSC 1011

Given the Plaintiff's circumstances, including lack of legal assistance, mental health issues, and sufficient explanation for delay, leave should be granted to add the Third Defendant and to file the proposed amended Statement of Claim.

Jurisdiction
Australia
Judgment Date
24 July 2015
Procedural Posture
Notice of Motion / Interlocutory
Outcome
Plaintiff's Notice of Motion granted
Legal Topics
['pleadings' 'amendment of Pleadings' 'adding Parties' 'delay in Proceedings']
['civil Procedure'] ['pleadings' 'amendment of Pleadings' 'adding Parties' 'delay in Proceedings']

Case Brief

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Procedural Posture

Notice of Motion / Interlocutory

Legal Issues

  1. 1 ['Whether leave should be granted to add Sok Uriy Soy as a defendant' 'Whether leave should be granted to file an amended Statement of Claim' "Adequacy of plaintiff's explanation for delay"]

Ratio Decidendi

Given the Plaintiff's circumstances, including lack of legal assistance, mental health issues, and sufficient explanation for delay, leave should be granted to add the Third Defendant and to file the proposed amended Statement of Claim.

Court Disposition

Plaintiff's Notice of Motion granted

Orders

  • ['Leave to the Plaintiff to add Sok Uriy Soy as the Third Defendant' 'Leave to the Plaintiff to file and serve a Statement of Claim in the form annexed to his affidavit of 13 March 2015 by 7 August 2015' "Plaintiff to pay the First Defendant's costs of the Notice of Motion of 13 March 2015" "Matter stood into the...