Majak v Rose [2021] NSWSC 292

Supreme Court New South Wales

Medium Neutral Citation: Majak v Rose [2021] NSWSC 292 Hearing dates: 10 December 2020 Date of orders: 29 March 2021 Decision date: 29 March 2021 Jurisdiction: Common Law Before: Davies J Decision: (1) Dismiss the plaintiff's notice of motion filed 27 August 2020. (2) Leave is given to the plaintiff to serve on the defendant's solicitors any proposed further amended statement of claim on or before 26 April 2021. (3) Stand over the proceedings and the defendant's notice of motion filed 9 July 2021 for further directions on 30 April 2021. (4) The plaintiff is to pay the defendant's costs of the plaintiff's notice of motion. Catchwords: CIVIL PROCEDURE – amendment – application for leave to amend statement of claim – proposed claim concerns financial matters between parties to a de facto relationship – where claims made relate to compliance with Family Court orders – Family Court has jurisdiction to deal with matters – where regardless plaintiff is estopped from raising proposed claim – unreasonable not to raise proposed claim in Family Court proceedings – where claims are statute-barred barred – where plaintiff self-represented – notice of motion dismissed – leave given to serve proposed further amended statement of claim Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56, 140 Family Law Act 1975 (Cth) ss 4, 90RC Home Building Act 1989 (NSW) ss 3B, 18E Uniform Civil Procedure Rules 2005 (NSW) r 36.15 Cases Cited: Byrnes v Majak [2020] NSWSC 906 Champerslife Pty Limited v Manojlovski (2010) 75 NSWLR 245; [2010] NSWCA 33 Massalski & Riley [2019] FamCA 1013 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Texts Cited: Nil Category: Procedural rulings Parties: Zofia Bozena Majak (Plaintiff) Alan Wesley Rose (Defendant) Russell Craig Byrnes (Former First Defendant in Supreme Court proceedings) Matthew Byrnes (Former Third Defendant in Supreme Court proceedings) Marc Anthony Riviere trading as Riviere Law (First Defendant in District Court proceedings) Representation: Counsel: Self-represented (Plaintiff) M Klooster (Defendant) G Ng (Amicus curiae for the former First & Third Defendants in Supreme Court proceedings) D Collins (First Defendant in District Court proceedings)