Troy Borg v Scentre Shopping Centre Management Pty Ltd [2023] NSWSC 338

Supreme Court New South Wales

Medium Neutral Citation: Troy Borg v Scentre Shopping Centre Management Pty Ltd [2023] NSWSC 338 Hearing dates: 5 April 2023 Date of orders: 5 April 2023 Decision date: 05 April 2023 Jurisdiction: Common Law Before: Elkaim AJ Decision: (1) The proceedings against the second defendant are struck out. (2) The plaintiff is to pay the second defendant's costs of the proceedings including the costs of the notice of motion filed on 31 January 2023. 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 Cases Cited: Yildiz v Fullview Plastics Pty Ltd [2019] NSWWCC 10 Category: Procedural rulings Parties: Troy Borg (Plaintiff) Scentre Shopping Centre Management Pty Ltd (First Defendant) Australian Guarding Services Pty Ltd (Second Defendant) Representation: Counsel: T Borg (Self-Represented) A Parker (Second Defendant)