IZG2 v State of New South Wales [2024] NSWSC 1228

Supreme Court New South Wales

Medium Neutral Citation: IZG2 v State of New South Wales [2024] NSWSC 1228 Hearing dates: 23 September 2024 Date of orders: 23 September 2024 Decision date: 23 September 2024 Jurisdiction: Common Law Before: Garling J Decision: (1) Order that any proposed Amended Statement of Cross-Claim is to be served on cross‑defendant on or before 4pm 27 September 2024. (2) Order that the solicitors for the cross‑defendant are to notify the solicitors for the cross-claimant of their attitude to the proposed Amended Statement of Cross-Claim on or before 4pm 4 October 2024. (3) In the event that the solicitors for the cross-defendant oppose the fling of the Amended Statement of Cross-Claim, they are to set out basis of their opposition. (4) Direct that at the time the proposed Amended Statement of Cross-Claim is served and letter of response is sent, a copy is to be provided digitally to my Chambers. (5) Defendant's Notice of Motion filed 30 August 2024 is dismissed. (6) Order the defendant/cross-claimant to pay the cross-defendant's costs of that Motion. Catchwords: CIVIL PROCEDURE – Pleadings – Amendment – Application for leave by the defendant to file an Amended Statement of Cross-Claim – Whether the Cross-Claim is sufficiently pleaded – Leave to file the Amended Statement of Cross-Claim refused. Legislation Cited: Civil Liability Act 2002 Law Reform (Miscellaneous Provisions) Act 1946 (NSW) Limitation Act 1962 Cases Cited: PM v Council of Trinity Grammar School [2020] NSWSC 1353 PWJ1 v The State of New South Wales [2020] NSWSC 1235 Texts Cited: Not Applicable Category: Procedural rulings Parties: IZG2 (P) State of New South Wales (Cross‑Claimant/Applicant) Helga Lam (Cross-Defendant/Respondent) Representation: Counsel: D Lloyd SC / G Marsden (Cross-Claimant/Applicant) J Thompson (Cross-Defendant/Respondent)