Jones v Premier Automotive Group Australia Pty Ltd [2008] NSWDC 262

New South Wales District Court

CITATION: Jones v Premier Automotive Group Australia Pty Ltd [2008] NSWDC 262

HEARING DATE(S): 8 and 11 August 2008

JUDGMENT DATE: 13 August 2008

JURISDICTION: Civil

JUDGMENT OF: Levy SC DCJ

1. The Plaintiff is granted leave to file an Amended Statement of Claim. DECISION: 2. The First Defendant's Notice of Motion filed on 27 June 2008 is dismissed. 3. The Second Defendant's Notice of Motion filed on 4 August 2008 is dismissed. 4. The parties are to bear their own costs in respect of each motion.

CATCHWORDS: PRACTICE AND PROCEDURE – Discontinuance – whether on transfer of claim from Consumer, Trader and Tenancy Tribunal to the District Court and subsequent filing of a Statement of Claim in District Court omitting a defendant named in the earlier proceedings constitutes a discontinuance notwithstanding non-compliance with the discontinuance procedure provided by rule 12.1 of Uniform Civil Procedure Rules 2005 - COSTS – consequences of transfer of proceedings from the Consumer, Trader and Tenancy Tribunal to District Court in the absence of cost order by Tribunal - INCOMPLETE PARTICULARS – whether proper basis for strike out application in this instance.

Consumer, Trader and Tenancy Tribunal Act 2001 [NSW], s 23, s 53 LEGISLATION CITED: Civil Procedure Act 2005 [NSW], s 56, s 58, s 63 Uniform Civil Procedure Rules 2005 [NSW], r 6.24, r 12.1

Gunns Limited v Marr [2005] VSC 251 CASES CITED: Sims v Wran [1984] 1 NSWLR 317 White v Overland [2001] FCA 1333

Richard Jones (Plaintiff) PARTIES: Premier Automotive Group Australia Pty Ltd trading as Land Rover Australia (First Defendant) Purnell Motors Pty Ltd (Second Defendant)