Dimarti v AB Law Group Pty Ltd (No 2) [2024] NSWSC 654

Supreme Court New South Wales

Medium Neutral Citation: Dimarti v AB Law Group Pty Ltd (No 2) [2024] NSWSC 654 Hearing dates: 29 May 2024 Date of orders: 29 May 2024 Decision date: 29 May 2024 Jurisdiction: Common Law Before: Elkaim AJ Decision: 1. Leave to amend the amended summons filed on 29 February 2024 is refused. 2. The application for an extension of time to file the amended summons, whether for the purpose of an appeal or a judicial review, is refused. 3. The amended summons filed on 29 February 2024 is dismissed. 4. The plaintiffs are to pay the defendant's costs of the proceedings. 5. I will hear the parties if any alternative costs order is sought. Catchwords: CIVIL PROCEDURE – exercise of discretion whether to allow amendment of amended summons and extension of time – where court in previous notice of motion gave directions not complied with as to time and content – failure to comply with Uniform Civil Procedure Rules 2005 (NSW) – no reasonable excuse for the delay – no prospect of success in substantive case – leave refused to amend the amended summons and for an extension of time Legislation Cited: Legal Profession Uniform Law Application Act 2014 (NSW), s 91 Uniform Civil Procedure Rules 2005 (NSW), rr 50.2, 50.3, 59.10 Category: Principal judgment Parties: Margherita Dimarti (First Plaintiff) Rocco Dimarti (Second Plaintiff) Natalie Dimarti (Third Plaintiff) AB Pty Ltd (Defendant) Representation: Counsel: Mr J Pope (Plaintiff's Solicitor) Ms XY (Defendant) (Self Represented)