NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Dunn v Kim [2020] NSWDC 887 Hearing dates: 4 September 2020 Date of orders: 4 September 2020 Decision date: 04 September 2020 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Strike out the Amended Statement of Claim pursuant to r 14.28 of the Uniform Civil Procedure Rules 2005. (2) Stay these proceedings in respect of any claim on the pool contracts until Discover the Earth Pty Ltd (ACN 134 345 654) is properly joined to the proceedings. (3) Grant leave to the defendants to apply to have the proceedings dismissed if no further application to file a Further Amended Statement of Claim is made before 4 November 2020. (4) The plaintiff pay the costs of the defendants' Amended Notice of Motion. (5) Any proposed Further Amended Statement of Claim be served upon the defendants by 28 October 20/20. (6) List for directions on Monday, 9 November 2020 at 9.30am before the Judicial Registrar. Catchwords: CIVIL PROCEDURE — Summary disposal — Dismissal of proceedings CIVIL PROCEDURE — Pleadings — Striking out Cases Cited: Uniform Civil Procedure Rules 2005, r 6.20, r 13.4, r 14.28 Texts Cited: Richie's Uniform Civil Procedure NSW Category: Procedural rulings Parties: Marty Heath Dunn (plaintiff) Mee Youn Kim (first defendant) Edwin Hong (second defendant) Representation: Counsel: Mr J Horowitz (defendants)
Solicitors: Contracts Specialist (defendants) File Number(s): 2020/104103 Publication restriction: None
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