Northern Park Pty Ltd v Goulburn Mulwaree Council [2023] NSWSC 335

Supreme Court New South Wales

Medium Neutral Citation: Northern Park Pty Ltd v Goulburn Mulwaree Council [2023] NSWSC 335 Hearing dates: 4 April 2023 Date of orders: 4 April 2023 Decision date: 04 April 2023 Jurisdiction: Common Law Before: Elkaim AJ Decision: (1) The application to join a fourth plaintiff is rejected. (2) The plaintiffs have leave to file a further amended statement of claim, within 14 days, which pleading is to: (a) Identify with precision the parties involved in the Bridging Finance described in paragraphs 72K to 72O of the proposed pleading. (b) Include those paragraphs to which objection was not taken by the defendant. (3) The evidence in chief of the witnesses at the trial is to be given by affidavit. (4) The plaintiffs are to file and serve any further affidavit on which they wish to rely on any further expert reports on or before 30 June 2023. (5) The matter is listed before me for directions on 3 July 2023. (6) The plaintiffs are to pay the defendant's costs occasioned by the amendments. Catchwords: CIVIL PROCEDURE — Commencement of proceedings — Statement of claim — notice of motion seeking leave to file further amended statement of claim — where proceedings have been on foot since 2019 — where plaintiffs comprise a group which operates waste management facilities — where dispute regards use of property in Goulburn as waste disposal depot — whether to join proposed fourth plaintiff to proceedings — Civil Procedure Act 2005 (NSW), s 56 — leave denied CIVIL PROCEDURE — Pleadings — Amendment — where current pleading does not identify parties to bridging finance — leave to amend granted CIVIL PROCEDURE — where evidence filed is deficient and requires updating and extension — where plaintiffs propose timetable for service of evidence — plaintiff to meet timetable and matter to be listed for directions COSTS — Party/Party — plaintiffs to pay defendant's costs occasioned by amendments Legislation Cited: Competition and Consumer Act 2010 (Cth), Sch 2 – Australian Consumer Law Fair Trading Act 1987 (NSW) Trade Practices Act 1974 (Cth) Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Category: Procedural rulings Parties: Northern Park Pty Ltd (First Applicant) Common Street Recycling Pty Ltd (Second Applicant) Southern State Waste Recycling Pty Ltd (Third Applicant) Goulburn Mulwaree Council (Respondent) Representation: Counsel: Mr D Robens (Applicants) Mr P Braham SC; Mr D Robertson (Respondent)