Thompson v New South Wales Land & Housing Corporation [2008] NSWSC 74

New South Wales Supreme Court

CITATION : Thompson v New South Wales Land & Housing Corporation [2008] NSWSC 74

HEARING DATE(S) : 8 February 2008

JUDGMENT DATE : 13 February 2008

JUDGMENT OF : Malpass AsJ

1. Pursuant to Rule 49.19 of the Unifirm Civil Procedure Rules 2005, the decision of Registrar Bradford made on 20 December 2007 granting leave to the Plaintiff to file a Further Amended Statement of Claim (to join the Second Defendant as a defendant to the Plaintiff's proceedings) is set aside. DECISION : 2. The Further Amended Statement of Claim filed on 20 December 2007 is struck out as to causes of action and relief pleaded by the Plaintiff against the Second Defendant and within seven days the Plaintiff is to file and serve a Second Further Amended Statement of Claim so as to give effect to this order. 3. The Plaintiff is to pay the Second Defendant's costs of the Notice of Motion filed on 17 January 2008 and the listing of the proceedings before Registrar Bradford on 20 December 2007.

CATCHWORDS : COMMON LAW - registrars - applications - exercise of discretionary power and reasons

LEGISLATION CITED : Uniform Civil Procedure Rules 2005

CATEGORY : Principal judgment

Murray Thompson (Plaintiff) PARTIES : New South Wales Land nd Housing Corporation (First Defendant) ACN 005 511 062 (Second Defendant)

FILE NUMBER(S) : SC 20380/05

COUNSEL : L Judd (Plaintiff) M J Jenkins (Second Defendant)

Herbert Weller (Plaintiff) SOLICITORS : McCabe Terrill (First Defendant) Carroll & O'Dea (Second Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION