Rebenta Pty Ltd v Peter Wise [2004] NSWSC 830

New South Wales Supreme Court

CITATION : Rebenta Pty Ltd v Peter Wise [2004] NSWSC 830 HEARING DATE(S) : 06/09/04, 07/09/04 JUDGMENT DATE : 7 September 2004

JUDGMENT OF : Shaw J DECISION : The Court orders that: 1. The plaintiff file a further amended statement of claim in the form of exhibit 1 forthwith; 2. The defendant file a defence within 28 days; 3. The defendant file any further evidence, including any expert evidence, arising out of the amendment within 28 days. The Court notes that the plaintiff has already informed the court that it does not wish to rely on any further evidence in relation to the amendment; 4. The plaintiff granted leave to file any evidence in reply within 28 days from receipt of evidence of the defendant; 5. The defendant is granted liberty to apply for any further interlocutory orders, for example, further discovery, the issue of subpoenas and the like, within 28 days; 6. The defendant file any expert building evidence within 28 days and direct pursuant to Part 36 rule 13CA, that there be a conclave of experts so as to produce a joint report within 28 days thereafter; 7. Matter is to be referred to the list Judge; 8. Costs occasioned by the late amendment to the statement of claim should be the defendant's costs in the proceedings, including costs thrown away as the result of the vacation of the hearing dates; 9. Costs incurred in relation to the late evidence served by the plaintiff reserved.

CATCHWORDS : Claim in the nature of an allegation of professional negligence against a solicitor, who formerly acted for the plaintiff - Interlocutory judgment - Seeking to amend the Statement of Claim LEGISLATION CITED : Supreme Court Rules 1970 Part 20 r 1(2), r 4(1) and (5), Part 36 r 13CA Air Link Pty Ltd v Paterson (No 2) (2003) 58 NSWLR 388 AT [45] Black v May, Councillors and Citizens of South Melbourne (1964) 38 ALJR 309 at 310 Clough & Rogers v Frog (1974) 48 ALJR CASES CITED : Cropper v Smith (1884) 26 Ch D 700 at 710 Golski v Kirk (1987) FCR 143 McGee v Yeomans [1977] 1 NSWLR 273 Proctor v Jetway Aviation Pty Ltd [1984] 1 NSWLR 166 Queensland v J L Holdings Pty Ltd (1997) 189 CLR 146 PARTIES : Rebenta Pty Ltd Peter Wise FILE NUMBER(S) : SC 20349 of 1998 J Kelly SC (Plaintiff) COUNSEL : G Rich (Plaintiff) D R Pritchard (Defendant) SOLICITORS : F A Hunt, Piper Alderman Solicitors (Plaintiff) R Chalmers, Mallesons Stephen Jaques (Defendant)