NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Liu & Ors v Lin [2023] NSWSC 1326 Hearing dates: 28 August 2023 and written submissions received on 1 September 2023 Date of orders: 3 November 2023 Decision date: 03 November 2023 Jurisdiction: Equity Before: Slattery J Decision: Leave granted to file the Amended Statement of Claim subject to the plaintiffs paying any costs thrown away by the amendment. Catchwords: CIVIL PROCEDURE – pleadings – amendment of pleadings – plaintiffs seek leave to file a Further Amended Statement of Claim (the new pleading) which has been supplied to the Court into the defendant in draft – defendant objects to the filing of the new pleading on the grounds that it is embarrassing inform and liable to be struck out – whether a pleading which alleges that certain earlier pleaded conduct that is found to have been proved constitutes a representation is embarrassing in form – whether the pleading of fraud in the pleading of causation are adequate. Legislation Cited: Civil Procedure Act 2005, ss 56 – 60. Category: Procedural rulings Parties: First Plaintiff: Dehong Liu Second Plaintiff: Minghui Wang Third Plaintiff: Ly Houy Lay Fourth Plaintiff: Penny Chen Defendant: Biyu Lin Representation: Counsel: Plaintiffs: E. Cox SC; A.L. Oakes Defendant: D. Pritchard SC; A. Lim
Solicitors: First, Second and Fourth Plaintiffs: Xiang Li, Broaden Legal Defendant: Ian Victor Reagan, BY Associates Lawyers File Number(s): 2022/282622 Publication restriction: No
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