NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Hastings Capital Australia Pty Ltd v Lindenburg [2024] NSWSC 478 Hearing dates: On the papers Date of orders: 29 April 2024 Decision date: 29 April 2024 Jurisdiction: Common Law Before: Davies J Decision: 1. Leave to the plaintiff to amend its statement of claim in the form annexed to the email from the plaintiff's solicitors to my associate dated 12 April 2024. 2. The amended statement of claim is to be filed by 4:00pm on 1 May 2024. 3. The plaintiff is to pay any costs thrown away by reason of the amendment of the statement of claim. 4. The hearing date of 3 June 2024 is confirmed. 5. The parties have liberty to apply on 2 days' notice. Catchwords: CIVIL PROCEDURE – amendment – possession proceedings – where secured land subdivided – where amendment required to take account of the subdivision – where amendment opposed by defendant acting for himself – amendment allowed Legislation Cited: Contracts Review Act 1980 (NSW) Cases Cited: Nil Texts Cited: Nil Category: Procedural rulings Parties: Hastings Capital Australia Pty Ltd (Plaintiff) Garry John Lindenburg (First Defendant) Jenny May Lindenburg (Second Defendant) Representation: Counsel: On the papers
Solicitors: Summer Lawyers (Plaintiff) Self-represented (First Defendant) Self-represented (Second Defendant) File Number(s): 2023/41439 Publication restriction: Nil
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