Turvey To v AR Conolly & Co Solicitors & 2 Ors [2007] NSWSC 482

Turvey To v AR Conolly & Co Solicitors & 2 Ors [2007] NSWSC 482

Leave should be granted for the filing and service of an amended statement of claim as it clarifies issues without discontinuing the proceedings; however, there is insufficient clarity between liability and quantum to justify ordering a separate trial of issues at this stage.

Jurisdiction
Australia
Judgment Date
16 May 2007
Procedural Posture
Notice of Motion Amendment of Statement of Claim / Interlocutory
Outcome
Interlocutory application granted in part; balance dismissed
Legal Topics
['amendment of Statement of Claim' 'costs Assessment' 'separate Determination of Issues']
['civil Procedure'] ['amendment of Statement of Claim' 'costs Assessment' 'separate Determination of Issues']

Case Brief

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Procedural Posture

Notice of Motion Amendment of Statement of Claim / Interlocutory

Legal Issues

  1. 1 ['Whether leave should be granted to amend the statement of claim' 'Whether the proceedings should be separated for trial of issues' 'Whether liability and quantum can be separately decided under the Uniform Civil Procedure Rules']

Ratio Decidendi

Leave should be granted for the filing and service of an amended statement of claim as it clarifies issues without discontinuing the proceedings; however, there is insufficient clarity between liability and quantum to justify ordering a separate trial of issues at this stage.

Court Disposition

Interlocutory application granted in part; balance dismissed

Orders

  • ['Leave is granted to the plaintiff to file and serve an ASC within seven days' 'This matter is to be heard together with proceedings 20369/2006' 'The balance of the notice of motion filed 16 November 2006 is dismissed' "Costs of the motion are reserved except the plaintiff is to pay the defendants' costs thrown...