Masood Falamaki v Wollongong City Council & anor [2003] NSWSC 890

Reported Decision : 135 LGERA 388

New South Wales Supreme Court

CITATION : Masood Falamaki v Wollongong City Council & anor [2003] NSWSC 890 revised - 21/10/2003 HEARING DATE(S) : 15/9/03, 17/9/03, 18/9/03, 22/9/03 JUDGMENT DATE : 1 October 2003

JUDGMENT OF : O'Keefe J DECISION : (i) I grant leave to the plaintiff to file a Further Amended Statement of Claim that includes paragraphs 7, 8.1 (deleting the words "through negligence" in paragraph 8.1.1) and 8.2 (deleting the words "negligently" and "unaware of the negligence" in paragraph 8.2.1); (ii) I disallow paragraphs 9, 10 and 11 of the Further Amended Statement of Claim proffered on 22 September 2003 but give leave to the plaintiff, if so advised, to bring in within 21 days any further amendment that he may wish to make relating to a cause of action based on the commissioning of and reliance by the Council on the report of Mr Thomas for purposes other than the litigation in the Land and Environment Court between the Council and the plaintiff ; (iii) I disallow paragraphs 14, 15, 16, 17 and 18 of the Further Amended Statement of Claim proffered on 22 September 2003; (iv) I give leave to the plaintiff, if so advised, to effect within 21 days an amendment in relation to the Fourth Particular of Negligence included in the Further Amended Statement of Claim proffered on 22 September 2003 so as to plead facts which support a cause of action of the kind outlined in such particular. ; (v) Any Notice of Discontinuance in relation to any claim against Talbot J is to be filed not later than 17 October 2003; (vi) The application for an order that the proceedings be tried with a jury is dismissed; (vii) The plaintiff is to pay three quarters of the Council's costs of the Motion; (viii) No order as to costs of the Attorney General; (ix) Further hearing of the Motion in relation to the possible amendments referred to in orders (ii) and (iv) above adjourned until 23 October 2003 at 10am.