Li v Andriano [2014] NSWSC 877

Li v Andriano [2014] NSWSC 877

Leave is granted to file and serve the second amended statement of claim and the procedural directions concerning particulars and expert evidence are appropriate. Appointment of a court expert to assess costs is appropriate at this stage to resolve certain disputes about the amount of legal costs, which will refine the real issues for trial and promote case management in accordance with the overriding purpose of the Civil Procedure Act 2005 (NSW).

Parties
Plaintiff: Si Xin Li; First Defendant: John Joseph Andriano; Second Defendant: Fairfield/Liverpool Legal Pty Ltd
Jurisdiction
Australia
Judgment Date
30 June 2014
Procedural Posture
Civil / Interlocutory Application; Case Management Directions
Outcome
Interlocutory orders made regarding pleadings, further directions, appointment of court expert, and costs; leave granted to file second amended statement of claim; costs ordered against the plaintiff.
Legal Topics
Pleadings, Amendment of Pleadings, Court Appointed Experts, Legal Costs Assessment
Civil Procedure Pleadings Amendment of Pleadings Court Appointed Experts Legal Costs Assessment

Case Brief

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Parties

Si Xin Li

Plaintiff

John Joseph Andriano

First Defendant

Fairfield/Liverpool Legal Pty Ltd

Second Defendant

Procedural Posture

Civil / Interlocutory Application; Case Management Directions

Legal Issues

  1. 1 Whether to grant leave to file and serve a second amended statement of claim
  2. 2 Whether appointment of a court expert to assess legal costs should be varied or postponed
  3. 3 Extent of matters a costs assessor can determine versus issues for trial

Ratio Decidendi

Leave is granted to file and serve the second amended statement of claim and the procedural directions concerning particulars and expert evidence are appropriate. Appointment of a court expert to assess costs is appropriate at this stage to resolve certain disputes about the amount of legal costs, which will refine the real issues for trial and promote case management in accordance with the overriding purpose of the Civil Procedure Act 2005 (NSW).

Court Disposition

Interlocutory orders made regarding pleadings, further directions, appointment of court expert, and costs; leave granted to file second amended statement of claim; costs ordered against the plaintiff.

Orders

  • The plaintiff is to file and serve the second amended statement of claim without underlining by 4.00 pm on 7 July 2014.
  • The defendants are to serve any request for particulars by 21 July 2014.