PJM Litigation & Debt Management Pty Ltd v Flowers (No 2) [2021] NSWDC 803

District Court New South Wales

Medium Neutral Citation: PJM Litigation & Debt Management Pty Ltd v Flowers (No 2) [2021] NSWDC 803 Hearing dates: 9 December 2021 Date of orders: 13 December 2021 Decision date: 13 December 2021 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Grant liberty to the plaintiff to join Phillip Jacob Miles as the second plaintiff, and Casa De Amor Community Incorporated as the fifth defendant, in the proceedings. (2) Grant liberty to the plaintiffs to file within seven days a pleading in the form of the Second Amended Statement of Claim attached to the notice of motion filed 4 October 2021, save that the present plaintiff be retained as the first plaintiff, Mr Miles is to be named as the second plaintiff, and all references to "the plaintiff" in the pleading be changed to "the second plaintiff". (3) Order that any costs thrown away by reason of the amendments be paid by the plaintiffs. (4) Order that the costs of the motion be the plaintiffs' costs in the proceedings. (5) Grant liberty to the parties to apply in respect of costs ordered herein, by email notice to my associate within seven days. (6) List the matter for directions. Catchwords: CIVIL PROCEDURE — parties — joinder — of plaintiffs Legislation Cited: Civil Procedure Act 2005, s 56 Supreme Court Rules 1970, Pt 8, r 8, r 9, r 10 Uniform Civil Procedure Rules 2005, r 6.22, r 6.23, r 6.24, r 6.25, r 6.27, r 6.28, r 6.29, r 6.30, r 6.32 Cases Cited: Gordon v Tolcher [2006] HCA 62; (2006) 231 CLR 334 Kassem v Zhang [2008] NSWSC 1287 Knight v McCann-Erickson Pty Ltd (unreported, NSWSC, McLelland J, 26 August 1991) Pegang Mining Company Ltd v Choong Sam [1969] 2 MLJ 52 PJM LITIGATION & DEBT MANAGEMENT PTY. LTD. v Carmen Flowers & Ors. [2021] NSWDC 119 Rickard Constructions and Anor v Rickard, Hails, Moretti and Ors [2004] NSWSC 1041 Tran v Guan [2022] NSWDC 233 Category: Procedural rulings Parties: PJM Litigation & Debt Management Pty Ltd (plaintiff) Carmen Flowers (first defendant/respondent) Suzanne Marie De Souza (aka) Suzanne Marie Frugtniet (second defendant/respondent) Brian Frugtniet (third defendant/respondent) Mary Rose Salubre (fourth defendant/respondent) Phillip Jacob Miles (applicant) Representation: Counsel: Mr D Allen (defendants/respondents)