Salmon v Albarran (No 3) [2021] NSWSC 1200

Supreme Court New South Wales

Medium Neutral Citation: Salmon v Albarran (No 3) [2021] NSWSC 1200 Hearing dates: 20 September 2021 Date of orders: 20 September 2021 Decision date: 20 September 2021 Jurisdiction: Equity Before: Parker J Decision: See [41]-[43] Catchwords: CIVIL PROCEDURE – interlocutory costs – plaintiffs sue as assignees – plaintiffs previously permitted, in principle, to amend statement of claim, but ordered to pay defendants' costs of amendment applications – application by defendants for orders for immediate payment of sums on account and for payment of those sums to be made a condition of leave to amend – alleged stultification – Rozenblit v Vainer – defendants' applications successful Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Cox v Journeaux (1935) 52 CLR 713 Rozenblit v Vainer (2018) 262 CLR 478 Category: Procedural rulings Parties: Motion filed 6 October 2020 Owen Salmon (First Applicant/First Plaintiff) TCBS Group Holdings Pty Ltd (Second Applicant/Second Plaintiff) Richard Albarran (First Respondent/First Defendant) Geoffrey David McDonald (Second Respondent/Second Defendant) Steven Brown (Third Respondent/Third Defendant) Robert William Joseph Elliott (Fourth Respondent/Fourth Defendant) Drew Anthony Townsend (Fifth Respondent/Fifth Defendant) David Kenney (Sixth Respondent/Sixth Defendant) Luigino Malacco (Seventh Respondent/Seventh Defendant) Paul Andrew Leroy (Eighth Respondent/Eighth Defendant)