NSW Caselaw
New South Wales Supreme Court
CITATION : Rosser v Yates [2004] NSWSC 269 HEARING DATE(S) : 5 February 2004 JUDGMENT DATE : 7 April 2004
JURISDICTION: Common Law Division Professional Negligence List JUDGMENT OF : Studdert J DECISION : (1) I order that the further statement of claim filed 23 July 2003, pursuant to the order of Davies AJ, be struck out. (2) The plaintiff is given liberty to file and serve a further amended statement of claim within twenty-eight days from today. (3) I order the plaintiff to pay the defendant's costs of the motion filed on 30 September 2003.
Contracts Review Act LEGISLATION CITED : Fair Trading Act Limitation Act Supreme Court Rules, Pt 15 r 6, Pt 15 r 8 H 1976 Nominees Pty Limited v Galli & Apex Quarries (1979) 40 FLR 242 Hawkins v Clayton (1987-88) 164 CLR 539 CASES CITED : Seymour v Seymour (1996) 40 NSWLR 585 Trade Practices Commission v David Jones (Australia) Pty Limited (1985) 7 FCR 109 Walmsley v Cosentino [2001] NSWCA 403 PARTIES : Michael Lewis Jack Rosser (Plaintiff) Adrian Richard Yates (Defendant) FILE NUMBER(S) : SC 20405/01 COUNSEL : D. Cochrane (Plaintiff) B. McManus (Defendant) SOLICITORS : Palmers (Plaintiff) Colin Biggers & Paisley (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION PROFESSIONAL NEGLIGENCE LIST
STUDDERT J
Wednesday 7 April 2004
20405/01 MICHAEL LEWIS JACK ROSSER v ADRIAN RICHARD YATES
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