Nader v Prodom Pty Ltd as trustee for The Lovett Family Trust [2020] NSWDC 886

District Court New South Wales

Medium Neutral Citation: Nader v Prodom Pty Ltd as trustee for The Lovett Family Trust [2020] NSWDC 886 Hearing dates: 14 August 2020 Date of orders: 14 August 2020 Decision date: 14 August 2020 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Notice of motion granted. (2) Grant leave to the plaintiff to file the Amended Statement of Claim annexed to the affidavit of Peter Livers of 15 July 2020: (a) with a correction to the title of the parties so that the first plaintiff and second defendant are referred to as the plaintiff and defendant respectively; and (b) to permit, if the plaintiff is so minded, an additional paragraph pleading facts going to the alleged knowledge of the defendant as to the contents of the containers, such Amended Statement of Claim to be filed within 14 days. (3) Plaintiff pay the costs thrown away by the amendments and should include, to the extent it is not covered by my costs order of 18 June 2020, the costs of the earlier strike out motion of the defendant. (4) Costs of the motion be the defendant's costs in the proceedings. (5) Stand the matter over for directions on Monday, 7 September 2020 at 9.30am before the Judicial Registrar. Catchwords: CIVIL PROCEDURE — Originating process — Amendment Cases Cited: Rolfe v Investec Bank (Australia) Ltd [2014] VSCA 38 Category: Procedural rulings Parties: Milad Nader (plaintiff) Prodom Pty Ltd as trustee for The Lovett Family Trust (defendant) Representation: Counsel: Mr J Loxton (plaintiff) Mr L D Robison (defendant)