Li v Kingland Estate Pty Ltd [2023] NSWSC 1174

Supreme Court New South Wales

Medium Neutral Citation: Li v Kingland Estate Pty Ltd [2023] NSWSC 1174 Hearing dates: 28 September 2023 Date of orders: 28 September 2023 Decision date: 28 September 2023 Jurisdiction: Equity Before: Elkaim AJ Decision: 1. The defendants have leave to file and serve an amended cross-claim within 28 days. 2. The defendants have leave to file, within 28 days, any notice of motion which they see fit to file in order to join the proposed fourth cross-claimant to the proceedings. 3. The plaintiff has leave to relist the matter in respect of any complaint concerning the cross-claim to be filed by the defendants. 4. The defendants are to pay the plaintiff's costs of this motion together with any costs thrown away by reason of the amendment to the cross-claim. Catchwords: CIVIL PROCEDURE – Amendment to cross-claim – difficulties in understanding the amendments – joinder of non-party to the cross-claim Legislation Cited: Civil Procedure Act 2005 (NSW), s 22 Cases Cited: Comin Enterprises Pty Ltd v Dayroll Pty Ltd [2007] NSWSC 1440 Category: Procedural rulings Parties: Changjin Li (Plaintiff) Kingland Estate Pty Ltd (First Defendant) Antonio Caminiti (Second Defendant) Xi Chen (Third Defendant) Representation: Counsel: Mr S Thomson (Plaintiff) Mr A Hopkins (Defendants)

Solicitors: Sadler Legal (Plaintiff) Goh Lawyers (First, Second and Third Defendants) File Number(s): 2021/276275