Bennelong Fresh Pty Ltd v Mollison [2024] NSWSC 30

Supreme Court New South Wales

Medium Neutral Citation: Bennelong Fresh Pty Ltd v Mollison [2024] NSWSC 30 Hearing dates: 31 January 2024 Date of orders: 31 January 2024 Decision date: 31 January 2024 Jurisdiction: Equity Before: Elkaim AJ Decision: 1. James Graeme Howson be joined to the proceeding as a second plaintiff. 2. The plaintiff is granted leave to file and serve a further amended statement of claim in the form attached at "Annexure A" to the Affidavit of John McDermott sworn on 15 August 2023. 3. Subject to Order 4, the costs of the motion are to be costs in the cause. 4. The plaintiffs (specifically including Mr Howson) are to pay the defendants' costs occasioned by the filing of the further amended statement of claim. Catchwords: CIVIL PROCEDURE – addition of another plaintiff – consequential amendment of pleadings – whether new plaintiff has a cause of action. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 6.19 Cases Cited: EB 9 & 10 Pty Ltd v The Owners Strata Plan 934 (2018) 98 NSWLR 889; [2018] NSWCA 288 Giles v Rhind [2002] EWCA Civ 1428 Marex Financial Ltd v Sevilleja [2021] AC 39 State of New South Wales v Stevens (2012) 82 NSWLR 106; [2012] NSWCA 415 Category: Procedural rulings Parties: Bennelong Fresh Pty Ltd (Plaintiff) Mr Richard James Mollison (First Defendant) Ms Sally Christine Miller (Second Defendant) JRM Investment Group Pty Ltd (Third Defendant) Nolava Nominees Pty Ltd (Fourth Defendant) Representation: Counsel: Mr G Drew (Plaintiff) Mr A Cheshire SC (Defendants)