Plaintiff A v Bird, Plaintiff B v Bird, Plaintiff v Bird, Plaintiff D v Bird [2020] NSWSC 1145

Supreme Court New South Wales

Medium Neutral Citation: Plaintiff A v Bird, Plaintiff B v Bird, Plaintiff v Bird, Plaintiff D v Bird [2020] NSWSC 1145 Hearing dates: 21 August 2020 Date of orders: 25 August 2020 Decision date: 25 August 2020 Jurisdiction: Common Law Before: Garling J Decision: 1. Direct that the plaintiffs file on or before midday on Thursday 27 August 2020, and serve at the same time, an Amended Statement of Claim which takes account of the rulings made in [31]. 2. Grant the parties liberty to apply. Catchwords: CIVIL PROCEDURE — Pleadings — Amendment — Late application for amendment - whether amendments should be allowed to statement of claim where final hearing date is imminent EVIDENCE — Hearsay — Exceptions – s63 Evidence Act – whether plaintiff should have leave to serve at a late stage evidentiary statements establishing that the plaintiffs did not recall certain things for the purpose of s63 Legislation Cited: Civil Procedure Act 2005 Evidence Act 1995 Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27, (2009) CLA 175 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: Plaintiff A Plaintiff B Plaintiff C Plaintiff D Raymond Bird (D1) Lisa Clancy (D2) Little Pigeon Pty Ltd t/as Footprints Childcare Centre (D3) Representation: Counsel: A Hamdan (P – all matters) C Heazlewood (D1 – all matters) A Horvath (D2, D3 – all matter)