Jones v Lindsay [2020] NSWDC 885

District Court New South Wales

Medium Neutral Citation: Jones v Lindsay [2020] NSWDC 885 Hearing dates: 10 July 2020 Date of orders: 10 July 2020 Decision date: 10 July 2020 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Plaintiff to file and serve the amended statement of claim in the form annexed to the affidavit of Richard Louis Mitry sworn 15 June 2020 by 15 July 2020. (2) The defendant to file and serve any defence to the amended Statement of claim by 29 July 202020. (3) The plaintiff to serve any further lay and expert evidence in reply to defendant's evidence by 26 August 2020. (4) The parties' geotechnical experts to meet and prepare a joint report setting the matters on which they agree and disagree by 18 September 2020. (5) The parties participate in a formal mediation by 30 September 2020. (6) List the matter for directions to allocate a hearing date on Thursday, 1 October 2020 at 9.30am before the Judicial Registrar. (7) Plaintiff pay the costs thrown away by reason of the amendment of the statement of claim. (8) Plaintiff's costs of the motion be costs in the proceedings. Catchwords: CIVIL PROCEDURE — Originating process — Amendment Legislation Cited: Civil Procedure Act 2005, s 56 Conveyancing Act 1919 (NSW), s 177 Uniform Civil Procedure Rules 2005, r 42.7 Category: Procedural rulings Parties: Caradog Vaughan Jones (plaintiff) Darren Lindsay (defendant) Representation: Counsel: Mr R Perla (plaintiff) Mr R Scheelings (defendant)