Cyclopharm Limited v Morcos (No 2) [2023] NSWSC 1392

Supreme Court New South Wales

Medium Neutral Citation: Cyclopharm Limited v Morcos (No 2) [2023] NSWSC 1392 Hearing dates: 15 November 2023 Date of orders: 17 November 2023 Decision date: 17 November 2023 Jurisdiction: Equity Before: Elkaim AJ Decision: See paragraph 32 Catchwords: CIVIL PROCEDURE — Separate determination of questions — Where plaintiff seeks the questions of liability and quantum to be heard separately — Whether questions of liability and quantum can be separated — Whether separate hearing should be ordered as to liability and quantum. CIVIL PROCEDURE — Parties — Addition of defendant — Where existing defendants opposed amendment on the basis of long-standing complaint that they had not been given proper particulars —Where plaintiffs consented to direction to provide further particulars — Whether joinder of new defendant through amendment of the statement of claim should be ordered. Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Hexiva Pty Ltd v Lederer [2006] NSWSC 318 Landsdale Pty Ltd v Moore [2009] WASCA 176 Category: Procedural rulings Parties: Cyclopharm Limited (First Plaintiff) Cyclomedica Australia Pty Ltd (Second Plaintiff) Nabil Morcos (First Defendant) HZM Pty Ltd (Second Defendant) Charles Francis Buttigieg (Third Defendant) Richard Frank Gotch (Fourth Defendant) Midhael Jian Guo (Fifth Defendant) Bjorn Altmann (Ninth Defendant) Almedis Altman GmbH, USt.IdNr. DE220508930 (Tenth Defendant) Vent-Medis GmbH, USt. IdNr DE315 789 316 (Eleventh Defendant) Venti-Sys Oz Pty Ltd in its own capacity and as trustee for the Venti-Sys Oz Trust (Proposed Twelfth Defendant) Representation: Counsel: Mr S Keizer (Plaintiff) Ms S Andrews (Plaintiff) Mr S O'Brien (Ninth, Tenth and Eleventh Defendants)