Med2 Pty Ltd v Ates and Ates [2024] NSWDC 176

District Court New South Wales

Medium Neutral Citation: Med2 Pty Ltd v Ates and Ates [2024] NSWDC 176 Hearing dates: 11 April 2024 Date of orders: 17 May 2024 Decision date: 17 May 2024 Jurisdiction: Civil Before: Cole DCJ Decision: (1) The defendants' application for the plaintiff's claim to be struck out is refused. (2) The defendants' application for the statement of claim to be struck out in its entirety is refused. (3) The plaintiff's application for leave to amend its statement of claim is granted. (4) The plaintiff is to pay the defendant's costs thrown away by reason of the amendment to the statement of claim, to be agreed or assessed. (5) The plaintiff is to pay into court the sum of $215,805.70 on account of security for costs on or before 28 June 2024. (6) Subject to order (7), these proceedings are stayed until the plaintiff provides security in accordance with order (5). (7) In the event that the plaintiff fails to pay into court the sum of $215,805.70 on account of security for costs on or before 28 June 2024, the defendants have liberty to apply to have these proceedings dismissed under r 42.21(3) of the Uniform Civil Procedure Rules 2005. (8) The matter is listed for a directions hearing on 9 July 2024 at 9:30am. Catchwords: ESTOPPEL — Anshun estoppel — Abuse of process – Amendment of statement of claim – Security for costs Legislation Cited: Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Champerslife Pty Ltd v Manojlovski & Anor [2010] NSWCA 33 Cleaning Doctor NSW Pty Ltd v Fonseca [2022] NSWCA 157 GLJ v Trustees of Roman Catholic Church for Diocese of Lismore (2002) 97 ALJR 857 Hana v Shad Legal Services Pty Ltd [2021] NSWSC 601 Hana v Shad Legal Services Pty Ltd [2021] NSWCA 258 In the matter of SRD Property Pty Ltd [2023] NSWSC 441 O'Shane v Harbour Radio Pty Ltd [2013] NSWCA 315 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Tomlinson v Ramsey Food Processing Pty Ltd [2015] HCA 28 Treloar Constructions Pty Ltd v McMillan [2016] NSWCA 302 Salex NSW Pty Ltd v Congredior Pty Ltd [2021] NSWSC 732 Category: Principal judgment Parties: Med2 Pty Ltd, (Plaintiff) Aynur Ates, (First Defendant) Necati Ates, (Second Defendant) Representation: Counsel: Mr D Allen (Plaintiff) Mr G Sirtes SC and Mr J Sukkar (Defendant)