Secure Funding Pty Ltd v Linienko [2023] NSWSC 224

Supreme Court New South Wales

Medium Neutral Citation: Secure Funding Pty Ltd v Linienko [2023] NSWSC 224 Hearing dates: 15 March 2023 Date of orders: 15 March 2023 Decision date: 15 March 2023 Jurisdiction: Common Law Before: Davies J Decision: 1. Leave to plaintiff to file Notice of Motion dated 6 December 2022 nunc pro tunc. 2. Pursuant to Rules 6.24, 6.29 and 6.32(1)(d) of the Uniform Civil Procedure Rules 2005, the NSW Trustee & Guardian be substituted for Svetlana Anita Linienko as first defendant in this proceeding. 3. Pursuant to section 64 of Civil Procedure Act 2005, the plaintiff be given leave to amend the Statement of Claim filed in this proceeding on 28 September 2022 in accordance with the amended Statement of Claim annexed to the Affidavit of David Benjamin Goldman. 4. Amended Statement of Claim and Notice to Occupier to be served on NSW Trustee and Guardian and the second defendant by 24 March 2023. 5. Plaintiff to serve Amended Statement of Claim together with a letter advising that the matter is listed before Davies J at 2:30pm on 31 March 2023 with the intention that final orders for possession will be made on that day. Catchwords: CIVIL PROCEDURE – parties – possession proceedings – where one defendant had died before proceedings commenced – where plaintiff became aware after proceedings commenced – where no administration of the deceased's estate applied for – NSW Trustee and Guardian substituted for deceased defendant Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) rr 6.24, 6.29, 6.32 Cases Cited: GEL Custodians Pty Limited v The Estate of the late Geoffrey Francis Wells [2013] NSWSC 973 Texts Cited: Nil Category: Procedural rulings Parties: Secure Funding Pty Ltd (Plaintiff) Estate of Svetlana Anita Linienko (First Defendant) Dhana Henry Robinson (Second Defendant) Representation: Counsel: O Newman (Plaintiff) No appearances (Defendants)