Alico Tradings Pty Ltd v Houri [2023] NSWSC 1268

Supreme Court New South Wales

Medium Neutral Citation: Alico Tradings Pty Ltd v Houri [2023] NSWSC 1268 Hearing dates: 26 October 2023 Date of orders: 26 October 2023 Decision date: 26 October 2023 Jurisdiction: Equity Before: Elkaim AJ Decision: I make the following orders: 1. The plaintiff has leave to join Petrolco Pty Ltd as a defendant to the proceedings. 2. The plaintiff has leave to file a second further amended statement of claim in the form which appears from p 423 of the Court Book within 14 days. 3. The plaintiff is to pay the defendants' costs of the notice of motion filed on 10 August 2023 together with any costs thrown away by reason of the amendment. Catchwords: PRACTICE AND PROCEDURE – application to join defendant to proceedings – where allegation of misappropriation of funds – requirements for particulars under r 15.3 Uniform Civil Procedure Rules 2005 (NSW) Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 15.3 Cases Cited: Butterfield Services Pty Ltd v Bentley [2013] NSWSC 1217 Category: Procedural rulings Parties: Alico Tradings Pty Ltd (Plaintiff) Robbie Houri (First Defendant) Houri Industries Pty Ltd (Now Jamisontown Holdings Pty Ltd) (Second Defendant) Calypo Pty Ltd (Third Defendant) Jet Acquisitions Pty Ltd (Fourth Defendant) Houco Pty Ltd (Fifth Defendant) Houri Holdings Pty Ltd (Sixth Defendant) RLEZ Pty Ltd (Seventh Defendant) Representation: Counsel: Mr R Alkadamani (Plaintiff) Mr J Pearson (Defendants)