Jacups v Knaggs [2023] NSWSC 39

Supreme Court New South Wales

Medium Neutral Citation: Jacups v Knaggs [2023] NSWSC 39 Hearing dates: 3 February 2023 Date of orders: 3 February 2023 Decision date: 03 February 2023 Jurisdiction: Common Law Before: Chen J Decision: (1) Direct the plaintiff, if so advised, to prepare and serve on the Law Society any further proposed statement of claim on or before 3 March 2023, 5pm. (2) Order the plaintiff, if leave is sought to rely upon any further proposed statement of claim served in accordance with order 1, to file and serve any Notice of Motion seeking leave on or before 10 March 2023, 5pm. (3) List the matter for directions before the Common Law Registrar on 10 March 2023. (4) Direct that any Notice of Motion filed in accordance with order 2 to be listed for directions before the Common Law Registrar on 10 March 2023. (5) Dismiss the plaintiff's Notice of Motion dated 3 October 2022. (6) Order the plaintiff to pay the Law Society's costs of the Notice of Motion. (7) Grant leave to the Law Society to apply, if so advised, for a gross sum costs order. Catchwords: CIVIL PROCEDURE — originating process —application to further amend statement of claim — whether grant of leave in accordance with the dictates of justice Legislation Cited: Civil Procedure Act 2005 (NSW) Limitation Act 1969 (NSW) Cases Cited: Wardley Australia Ltd v Western Australia (1992) 175 CLR 514; [1992] HCA 55 Category: Procedural rulings Parties: Graham Dudley Jacups (Plaintiff) The Law Society of New South Wales (Respondent) Representation: Counsel: Mr P King (Plaintiff) Mr S J Maybury (Respondent)