McCrohon v Leodaritsis [2020] NSWSC 1537

Supreme Court New South Wales

Medium Neutral Citation: McCrohon v Leodaritsis [2020] NSWSC 1537 Hearing dates: 23 October 2020 Decision date: 23 October 2020 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Give leave to the plaintiffs/applicants to file and serve the amended statement of claim annexed to the notice of motion filed on 7 September 2020. 2. Direct that the amended statement of claim be filed and served within seven days. 3. Note that the second respondent will, by the filing of the amended statement of claim, be joined to the proceedings as the second defendant. 4. Order that the plaintiffs/applicants pay the first defendant's costs thrown away by reason of the amendment of the statement of claim. Catchwords: CIVIL PROCEDURE — Originating process — Amendment — Joinder of second defendant who is an undischarged bankrupt Legislation Cited: Bankruptcy Act 1966 (Cth), s 60 Civil Procedure Act 2005 (NSW), ss 56, 58, 64 Competition and Consumer Act 2010 (Cth), sch 2, ss 18, 20, 30 Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Category: Procedural and other rulings Parties: Peter Edward McCrohon (First Plaintiff/First Applicant) Karin Elizabeth Bergseng (Second Plaintiff/Second Applicant) Vasilios Petros Leodaritsis (First Defendant/First Respondent) Petros Vasilios Leodaritsis (aka Peter) (Second Defendant/Second Respondent) Andrew John Scott (in his capacity as trustee in bankruptcy of Peter Leodaritsis) (Third Respondent) Representation: Counsel: Mr L Gor (Plaintiffs/Applicants) Ms C Parker (First Defendant/First Respondent) Mr J Doyle (Second Defendant/Second Respondent) No Appearance for Third Respondent