Omni Leisure v Bridges & 3 Ors [2004] NSWSC 423

New South Wales Supreme Court

CITATION : Omni Leisure v Bridges & 3 Ors [2004] NSWSC 423 HEARING DATE(S) : 12 May 2004 JUDGMENT DATE : 20 May 2004 JURISDICTION: Common Law JUDGMENT OF : Master Harrison DECISION : (1) The fourth defendant's notice of motion filed 2 March 2004 is dismissed; (2) The fourth defendant is to pay the plaintiff's costs of the notice of motion filed 2 March 2004; (3) Leave is granted to the plaintiff to file and serve an amended statement of claim within 14 days; (4) The plaintiff is to pay the first, second and fourth defendants' costs thrown away by the amendment.; (5) The matter is referred to a status conference. The court is to notify the parties of the date.

CATCHWORDS : Amend statement of claim - strick out proceedings - fourth defendant - display of Russian space shuttle Corporations Act 2001 (Cth) - s 9 LEGISLATION CITED : Fair Trading Act 1987 (NSW) - s 42 Supreme Court Rules 1970 (NSW) - Part 13 r 5 Trade Practices Act 1974 (Cth) - ss 52, 70, 75B Agar v Hyde (2000) 201 CLR 552; [2000] HCA 41 Air Services Australia v Zarb (unreported, NSWCA, 26 August 1998) CASES CITED : Dey v Victorian Railways Commissioners (1949) 78 CLR 62 General Steel Industries Inc v Commissioner for Railways (NSW) & Ors (1964) 112 CLR 125 Webster & Anor v Lampard (1993) 177 CLR 598 Wickstead & Ors v Browne (1992) 30 NSWLR 1 Omni Leisure Operations Limited (Plaintiff)

Graeme Kenneth Bridges (First Defendant)