NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Salmon v Albarran (No 2) [2021] NSWSC 186 Hearing dates: 9 February 2021 Date of orders: 5 March 2021 Decision date: 05 March 2021 Jurisdiction: Equity Before: Parker J Decision: See [58] Catchwords: CIVIL PROCEDURE – pleadings – amendment – former statement of claim struck out – application for leave to re-plead – foreshadowed advocate's immunity defence – plaintiffs allege solicitor's conduct fraudulent – re-pleading permitted Cases Cited: Attwells v Jacskon Lalic Lawyers Pty Ltd (2016) 259 CLR 1 Omutta Pty Ltd v Wilson (No 2) [2019] NSWSC 401 Category: Procedural rulings Parties: Owen Salmon (First Applicant/Plaintiff) TCBS Group Holdings Pty Ltd (Second Applicant/Plaintiff) Richard Albarran (First Respondent/Defendant) Geoffrey David McDonald (Second Respondent/Defendant) Steven Brown (Third Respondent/Defendant) Robert William Joseph Elliott (Fourth Respondent/Defendant) Drew Anthony Townsend (Fifth Respondent/Defendant) David Kenney (Sixth Respondent/Defendant) Luigino Malacco (Seventh Respondent/Defendant) Paul Andrew Leroy (Eighth Respondent/Defendant) Representation: Counsel: M Evans (Applicants) MR Elliott SC (First, Second, Fourth to Eighth Respondents) DA Lloyd (Third Respondent)
Solicitors: O'Brien Lawyers (Applicants) Hall & Wilcox (First, Second, Fourth to Eighth Respondents) Gilchrist Connell (Third Respondent) File Number(s): 2016/373218 Publication restriction: Nil
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